MANOJ R PRASAD Vs. COCHIN UNIVERSITY OF SCIENCE

JUDGEMENT

(1.) THE petitioner was a B. Tech student in the respondent University, who has successfully completed the course in August 2005. Though he was issued Ext. P3 provisional certificate, the other certificates were not issued and in these circumstances, writ petition has been filed. According to the petitioner, the reason for the refusal of the University to issue the certificate is that the petitioner is one of the accused in Crime No. 561/2005 of the Kalamassery Police Station, the FIR of which is Ext. P4. Petitioner submits that he is innocent of the offences alleged and that Ext. P5 has enlarged him on bail. It is also stated that he has made several representations, but then, the representations so made have not evoked any response from the University.

(2.) A counter affidavit has been filed by the University conceding that the petitioner has successfully completed the course as stated by him. According to the University, certificate cannot be issued, as the conduct of the petitioner disentitled him for the certificate. It is stated that since he is an accused in a case of forging marklists and certificates, he should not be issued the certificate. They are also relying on the provisions of the Cochin University Students' (Conduct and Disciplinary) Code-2005 to justify their stand.

(3.) I have heard the counsel on either side.