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Kerala High Court

The Registrar vs Arya M.S on 14 May, 2013

Author: Manjula Chellur

Bench: Manjula Chellur, K.Vinod Chandran

       

  

  

 
 
                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT:

               THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
                                              &
                 THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

             TUESDAY, THE 21ST DAY OF MAY 2013/31ST VAISAKHA 1935

                     WA.No. 726 of 2013 () IN WP(C).12345/2013
                         -------------------------------------------

      AGAINST THE INTERIM ORDER IN WP(C) 12345/2013 DATED 14-05-2013

APPELLANTS/RESPONDENTS 2 TO 4:
----------------------------------------

       1. THE REGISTRAR
         UNIVERSITY OF KERALA, VIKAS BHAVAN-695 033, PALAYAM
         THIRUVANANTHAPURAM.

       2. THE CONTROLLER OF EXAMINATIONS
         UNIVERSITY OF KERALA, VIKAS BHAVAN-695 033
         THIRUVANANTHAPURAM.

       3. THE VICE CHANCELLOR
         UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695 033.

         BY ADV. SRI.GEORGE POONTHOTTAM,SC,KERALA UTY.

RESPONDENTS/PETITIONER & 1ST RESPONDENT:
------------------------------------------------------
       1. ARYA M.S.
         S6, ELECTRICAL AND ELECTRONICS ENGINEERING (10 EE 014)
         PANKAJAKASTHURI COLLEGE OF ENGINEERING AND TECHNOLOGY
         KANDALA, KATTAKKADA, THIRUVANANTHAPURAM-695 512
         (RESIDING AT MANU NIVAS, PUNCHAKKARI, THIRUVALLAM P.O.
         TC NO.65/453, THIRUVANANTHAPURAM).

       2. THE PRINCIPAL
         PANKAJAKASTHURI COLLEGE OF ENGINEERING AND TECHNOLOGY
         KANDALA, KATTAKKADA, THIRUVANANTHAPURAM-695 512.

        BY SRI.M.R.SUDHEENDRAN

         THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-05-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:



                  MANJULA CHELLUR,C.J.
                              &
                   K.VINOD CHANDRAN, J.
               = = = = = = = = = = = = = = = =
                     W.A.No.726 of 2013
         = = = = = = = = = = = = = = = = = = = = =
             Dated this the 21st day of May, 2013
                         JUDGMENT

Manjula Chellur,CJ We have gone through the interim order of the learned Single Judge. The writ petitioner has approached this Court on the ground of violation of principles of natural justice. We have also gone through the show cause notices as well as the replies given by the respondent/ petitioner.

2. After going through the report of the enquiry, we are of the opinion, the matter has to be looked into in detail by the learned Single Judge while disposing of the writ petition. In that view of the matter, we are of the opinion, even if the respondent student is allowed to write the examination, the results shall not be announced without the permission of the Court. Therefore, no prejudice of any nature would be caused to the University. W.A.No.726 of 2013 2

In that view of the matter, we are of the opinion, there is no need to interfere with the interim order. Accordingly the writ appeal is dismissed.

MANJULA CHELLUR, CHIEF JUSTICE K.VINOD CHANDRAN, JUDGE sj 21/5