University Of Kerala vs Bethson Varghese Philip on 25 January, 2024

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Kerala High Court

University Of Kerala vs Bethson Varghese Philip on 25 January, 2024

1. 1st Respondent/petitioner a student of B.Sc. Computer Science in the college of Applied Science, Mavelikkara of 2015-2018 batch, in the End semester examination for the paper Mathematics of first semester secured 22 marks. On revaluation he got another 2 marks. However, he managed to obtain 35 marks by allegedly bribing the officials. The said marks were increased, as per the contention of the University, on the premise that there was a software error in the data structures. The Pass Board had fixed 4 marks as moderation for the core course and one was required to secure minimum 24 marks. However, owing to the software error, 1st respondent/petitioner was also extended the benefit of moderation though he was not eligible for the same and secured 28 marks. But when the issue of irregular hike in the moderation arose, 1st respondent/petitioner registered and re-appeared for the affected paper in May WA NO. 2015 OF 2023 3 2020 and passed the examination. When steps were taken to rectify the error that crept in owing to the irregular hike in the moderation because of the software error, certain students approached this Court. This court vide judgment Ext.P3 took note of the fact that none of the petitioners therein had indulged in any disruptive and malafide measures and directed the University to issue original degree certificates and migration certificates. 1st respondent/petitioner who was earlier issued a provisional certificate and consolidated mark list also approached this Court claiming the same benefit as granted in Ext.P3 judgment. When the writ petition came for admission on 28.11.2022, it was disposed off by the following order:

"When this matter was called today, the learned counsel on both sides, were ad idem that the issues, both factual and legal, involved in this case are covered by Ext.P3 judgment.

If this be so, I am certain that the petitioner is also entitled to the same relief, as was granted in the afore judgment.

In such circumstances, this writ petition is allowed and the 3rd respondent is directed to issue the original Degree WA NO. 2015 OF 2023 4 Certificate and Migration Certificate applied for by the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment."

2. Thereafter, review petition was filed on the premise that a hearing was conducted by the Vice Chancellor with regard to the allegation wherein 1st respondent/petitioner appeared and suffered a statement on 10.02.2021 of bribing the officials. Accordingly, a crime case was also registered against Sri.Vinod, Section Officer, University of Kerala, for tampering and illegal alteration of marks. The said officer was terminated from the services with effect from the date of suspension and on 24.01.2023, the examination results of those candidates who got undue marks was cancelled and declared failed in the corresponding first degree programmes. Syndicate in the meeting held on 09.06.2023 initiated steps to cancel the degree certificate of those who got undue marks by tampering with the tabulation software with the aid of the University employee which was communicated to the candidates including the 1st respondent/petitioner vide WA NO. 2015 OF 2023 5 communication dated 15.07.2023 Annexure 1.

3. 37 students had already been issued degree certificates after having secured higher marks though manipulation of tabulation software with aid of the accused officer and therefore, their degrees were also liable to be withdrawn. Learned Single judge, by noticing certain facts, dismissed the review petition by holding that the imputation levelled against the students in the investigation are found to be correct and they were at liberty to withdraw the same.

4. Sri.Thomas Abraham submitted that reference enquiry is not the enquiry of the University but before the police. Though he is not an accused but the statement recorded by the Vice Chancellor dated 10.02.2021 has already been sent to the police but police is not taking any action. However, the court construed the expression enquiry as a departmental. Therefore, there is an abdication.

5. On the other hand, learned counsel appearing on behalf of the 1st respondent/petitioner supported the judgment of Single Bench by relying upon the previous WA NO. 2015 OF 2023 6 judgment referred to as per Ext.P3 in the writ petition. He further submitted that the petitioner is not arrayed as an accused, therefore the university is remiss in withholding the degree or original marks to certain candidates.

6. We have heard the learned counsel for the parties and appraised the paper book and of the view that it is a fit case where the matter at the level of the police is required to be probed into.

7. The contents of the letter dated 10.02.2021 ie., a statement suffered by the 1st respondent/petitioner reads as under:

"This is to inform that the mark of my bsc Computer Science 1st semester Mathematics paper has been modified by a person, whose mob number is 9961495694. The same person asked for Rs.5,000/- to help me for fast completion of my certificate and help to get my certificate. Due to my lack of knowledge I have given the amount by hand and I didn't know that it is for charging any mark once again, I apologize and thank you for your time and consideration."

8. It is made clear that this would be subject to the strict mode of proof at an appropriate stage. We have been WA NO. 2015 OF 2023 7 informed that the crime case was registered only against an ex-employee who is unfortunately no more in view of the fact that he committed suicide. University is stated to have submitted his undertaking recorded by the respondents to the police but there is no fruitful headway in the said enquiry nor the University at any point of time has been called by the police. We are of the view that the order of the Single Bench directing the University to issue original degree certificate and migration certificate cannot be sustained till there is an adjudication on the pending enquiry. Accordingly, the order of Single Bench is set aside. Writ appeal stands allowed. While disposing of the aforementioned, we also intend to issue following directions:

1. The Inspector General and Commissioner of Police, Thiruvanathapuram City are directed to ensure that the enquiry/investigation in the crime case registered under Section 154 of Code of Criminal procedure is concluded in accordance with law, keeping in view the fact that statement suffered by WA NO. 2015 OF 2023 8 the 1st respondent/petitioner is purported to have been remitted by the University and submit the final report as expeditiously possible as contemplated under the provisions of 173 of Cr.P.C.

2. We grant liberty to the 1st respondent/petitioner to agitate the issue after the outcome of the investigation and report of the police.

Sd/-

AMIT RAWAL JUDGE Sd/-

C.S. SUDHA JUDGE nak WA NO. 2015 OF 2023 9 APPENDIX OF WA 2015/2023 PETITIONER ANNEXURES ANNEXURE 1 THE TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE SYNDICATE WHICH MET ON 9/6/2023 ANNEXURE 2 THE TRUE COPY OF MEMO NO. ES IV/CS/19/ 2023 DATED 15/07/2023 ISSUED TO THE 1ST RESPONDENT HEREIN

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Kerala High Court