S RAVISHANKAR Vs. REGISTRAR SRI VENKATESWARA UNIVERSITY

JUDGEMENT

(1.) The petitioner assails the proceedings of the second respondent dated 28.9.1998 as well as 4.2.2000 and seeks writ of certiorari to quash the impugned proceedings.

(2.) The petitioner is a student of B.A. Degree course in third respondent college. He joined the course in 1995 and in April, 1998 appeared for III year B.A. final examinations with Registration No.96162035. The first respondent University did not declare the result of the petitioner. The first respondent issued a show-cause notice dated 18.7.1998 calling upon the petitioner to submit explanation within 10 days as to why action should not be taken against him for indulging in malpractice. It is alleged that Paper-Ill (History), was found tampered with main answer book and that there is variation in the hand writing in Pages 1 and 2 compared to other pages of answer book and that the pinning of the answer book was not properly done, and that the Examiner suspected that some written material was inserted in the main answer book. The petitioner submitted explanation on 20.7.1998 denying the allegations of malpractice as alleged in the show-cause notice. The University called for a report from the Principal of the third respondent college in that regard. In the report dated 27.7.1998, the Principal informed that no malpractice took place in the examination center and that the petitioner and another student did not indulge in any malpractice. Nonetheless by proceedings of the Vice-Chancellor dated 28.9.1998 as communicated by the second respondent, he was informed that all the examinations appeared by the petitioner are cancelled and that he is debarred from appearing for subsequent examinations to be conducted by the University in September/ October 1998, April 1999, September 1999, and April 2000. He was only permitted to appear the examinations from September/ October 2000.

(3.) Assailing the proceedings of the Vice-Chancellor dated 28.9.1998, the petitioner filed a writ petition being W.P. No.32613 of 1998. This Court having regard to the fact that the petitioner had not availed the remedy of statutory appeal before the appropriate authority, disposed of the writ petition by order dated 4.11.1999, giving liberty to the petitioner to file appeal and the concerned authorities were directed to dispose of the appeal within two months from the date of presentation of appeal. The petitioner, thereafter, submitted an appeal on 7.12.1999. The same was considered by Malpractice Enquiry Committee (MEC) on 4.2.2000 and decided to confirm the punishment already given by the University in its Proceedings dated 28.9.1998. The said decision was informed to the petitioner by Memo dated 4.2.2000.