Kerala High Court
University Of Kerala vs S S Devanarayanan on 10 August, 2022
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
WP(C) No.25695/2022 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 10th day of August 2022 / 19th Sravana, 1944
WP(C) NO. 25695 OF 2022(J)
PETITIONERS:
1. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, PALAYAM,
THIRUVANANTHAPURAM- 695034.
2. CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034.
RESPONDENTS:
1. S S DEVANARAYANAN, SANTHALAYAM, KARIMPALOOR, PUTHENKULAM P.O.,
KOLLAM 691302.
2. THE KERALA LOK AYUKTA REPRESENTED BY ITS REGISTRAR, LEGISLATURE
COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM- 695033.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Exhibit P1 order and all steps based on
the same, during the pendency of the Writ Petition, for the fair play of
justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SHRI.THOMAS ABRAHAM,STANDING COUNSEL for the petitioners, the court passed
the following:-
P.T.O.
WP(C) No.25695/2022 2/7
S.MANIKUMAR, CJ & SHAJI P. CHALY, J
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W.P.(C) Nos.25663 & 25695 of 2022
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Dated this the 10th day of August, 2022
ORDER
S.MANIKUMAR, CJ.
Before Kerala Lok Ayukta, Complaint No.84 of 2021 has been made by the one Amal.V.S. - 1st respondent in W.P.(C) No.25663/2022, for the following reliefs:
"(1) I may be granted permission to write the 6 th Semester examinations. (2) This Hon'ble Court may direct the University to make arrangements to conduct special examinations for the 6 th semester examinations I was unable to attend."
2. Opposing the prayers sought for, the Controller of Examinations, University of Kerala - 2nd petitioner in W.P.(C) No.25663/2022 has filed a statement dated 24 th May, 2022. For brevity, the same is extracted:
"6. The candidates caught for suspected malpractice are not permitted to attend any semester examinations further until a decision has been taken in this regard. No rules permit the conduct of Special Examinations by the University for the candidates whose names are reported for suspected malpractice in the examinations. As malpractice was reported before the commencement of Sixth Semester Examination, April 2022, hall ticket of the candidates for the said exam was withheld and the complainant was not permitted to attend the Sixth semester exammations. The above being the facts, there is absolutely no mal administration or any lapses committed by the Respondent as he was acting only as per norms issued in this regard.WP(C) No.25695/2022 3/7 W.P.(C) Nos.25663 & 25695 of 2022 2
Hence, the allegations levelled by the complainant may be rejected and the complaint may be dismissed as merit less and not maintainable.
The Hon'ble Upa Lok Ayukta therefore may be pleased to accept the Written Comments filed by the Respondent and to kindly dismiss the Complaint."
3. Complaint No.86 of 2022 filed by one S.S.Devanarayanan - 1 st respondent in W.P.(C) No.25695/2022 seeking for the very same reliefs, are extracted hereunder:
"(1) I may be granted permission to write the 6th Semester examinations. (2) This Hon'ble Court may direct the University to make arrangements to conduct special examinations for the 6 th semester examinations I was unable to attend."
4. Written comments filed by the Controller of Examinations, University of Kerala - the 2nd respondent before the Lok Ayukta in both the Complaints are reproduced hereunder:
"3. It is submitted that, the complainant is a Candidate of Sixth Semester BA Political Science Programme under Choice Based Credit Semester System - (CBCSS) having Candidate Code 145 19132008. He registered and appeared for the examination of the subject EC 1131, "Foundation of Economic Theory" of Semester 1, August, 2021. Suspected malpractice was reported in the 1st Semester BA Politcal Science degree examination, August 2021 by the Chief examiner from Centralized Valuation Camp, related to the answer scripts with false numbers 213602 and 213603 (of the Subject: EC1131;Foundations WP(C) No.25695/2022 4/7 W.P.(C) Nos.25663 & 25695 of 2022 3 of Economic Theory) as the answers for question numbers 1,2,3,4,5,6,8,12,16,18,20,22,23,30,31 and 33 in both the answer scripts are found to be one and the same. Hence, the candidates were suspected to have resorted to malpractice. The said answer scripts belong to the candidates Sri, S.S. Devanarayanan (Reg. No. 145 19132008) (the Complainant herein) and Sri. Amal V.S (Reg. No. 145 19132001) respectively from the Centre of Examination S.N. College, Kollam.
4. It is submitted that the candicates were called for personal hearing before the Standing Committee of teh Syndicate on Students' Displine and they were present for the same. The candidates submitted written statement before the Committee and denied having resorted to any kind of copying in the examination.
The Committee considered the matter and recommended to entrust the Controller of Examination to:
1) Evaluate the said answer cripts of the subject EC 1131: Foundation of Economic Theory) of the candidates 'S.S. Devanarayanan amd Amal V.S. by a subject expert and seek report from the subject expert
2) Fetch the details of the seating arrangement in the examination hall (in which the said candidates wrote the examination of the subject EC1131: Foundation of Economic Theory) and also the copy of the absentee statement for the said examination from the centre of examination S N College, Kollam', and
3) Place the above mentioned reports/details in the next meeting of the Committee
5. It is submitted that, as per Chapter 6 of the Kerala University First Statutes, 1977, the Syndicate of the University is the authority to decide issues related to malpractice committed by candidates. It is submitted that, the Syndicate at its session on 29.04.2022 vide item No. 22.02 A resolved to approve the above recommendations of the Standing Committee of the Syndicate on Students' WP(C) No.25695/2022 5/7 W.P.(C) Nos.25663 & 25695 of 2022 4 Discipline.
6. The candidates caught for suspected malpractice are not permitted to attend any semester examinations further until a decision has been taken in this regard. No rules permit the conduct of Special Examinations by the University for the candidates whose names are reported for suspected malpractice in the examinations. As malpractice was reported before the commencement of Sixth Semester Examination, April 2022, hall ticket of the candidates for the said exam was withheld and the complainant was not permitted to attend the Sixth semester exammations."
5. The Lok Ayukta, on 27th July, 2022, vide common order in Complaint Nos.84 of 2022 & 86 of 2022, has passed the following:
COMMON ORDER Despite directions issued on several occasions directing the respondent to produce the answer sheets of the complainants, the order was not obeyed till date. No justifiable reasons are submitted by the learned Standing Counsel for the disobedience of the order. Prima facie this Court is of the view that the conduct of disobedience of the first respondent is willful.
The matter is listed to 10.08.2022 for further action. The Controller of Examinations shall be present in person in case the answer sheets of the complainants are not produced before that date Hand over copy of this order to the Standing Counsel."
6. Being aggrieved by the common order, the instant writ petitions are filed.
7. By inviting attention of this Court to the written comments made by the WP(C) No.25695/2022 6/7 W.P.(C) Nos.25663 & 25695 of 2022 5 Controller of Examinations, University of Kerala - 2 nd respondent, and the grounds raised, Mr.Thomas Abraham - learned Standing Counsel for University submitted that the Lok Ayukta has no jurisdiction to invoke the provisions of the Kerala Lok Ayukta Act, 1999.
8. Going through the materials on record, we admit the writ petitions. Notice to respondent No.1 in both the writ petitions by speed post, returnable in two weeks.
In the meanwhile, there shall be an interim stay of operation of the common order in Complaint Nos.84 of 2022 and 86 of 2022 dated 27 th July, 2022.
Sd/-
S.MANIKUMAR, CHIEF JUSTICE Sd/-
SHAJI P. CHALY,
smv JUDGE
10-08-2022 /True Copy/ Assistant Registrar
WP(C) No.25695/2022 7/7
APPENDIX OF WP(C) 25695/2022
Exhibit P1 THE TRUE COPY OF THE ORDER DATED 27.7.2022 IN
COMPLAINT NO.86 OF 2022 PASSED BY THE KERALA UPA LOK AYUKTA.