Karnataka High Court
Khushi Mahantesh Kudachi vs Registrar (Evaluation) on 28 August, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC-D:9562
WP No. 103725 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 103725 OF 2022 (EDN-EX)
BETWEEN:
KHUSHI MAHANTESH KUDACHI,
AGED ABOUT 20 YEARS, OCC. STUDENT,
R/O. BASAVA BLOCK NO. 397, 2ND STAGE,
HANUMAN NAGAR, BELAGAVI-590019.
... PETITIONER
(BY SRI. ARAVIND .D. KULKARNI, ADVOCATE)
AND:
1. REGISTRAR (EVALUATION),
KARNATAKA STATE LAW UNIVERSITY,
NAVANAGAR, HUBBALLI-580025.
2. THE PRINCIPAL,
R L LAW COLLEGE,
RPD COLLEGE ROAD,
BHAGYA NAGAR, TILAKWADI,
BELAGAVI-590006.
... RESPONDENTS
(BY SRI. K.L. PATIL, ADVOCATE FOR R1;
SRI. GANGADHAR S. HOSAKERI, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICELS 226 AND
227 OF THE CONSTITION OF INDIA, PRAYING TO ISSUE WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, OR ORDER
OR DIRECTION, QUASHING ORDER NO. KSLU/MPC/DEC-2021
(APRIL/MAY/JUNE-2022)/960 DATED 06/09/2022 PASSED BY
THE RESPONDENT NO.1 PRODUCED AS ANNEXURE-C.
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NC: 2023:KHC-D:9562
WP No. 103725 of 2022
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court calling in question an order dated 06.09.2022, passed by the 1st respondent - Karnataka State Law University by which the petitioner - student is imposed certain penalty for indulging in malpractice in the 3rd Semester examination.
2. Heard the learned counsel Shri Aravind D.Kulkarni appearing for the petitioner; learned counsel Shri K.L. Patil appearing for respondent; & learned counsel Shri Gangadhar S.Hosakeri, appearing for respondent No.2.
3. Facts in adumbrated are as follows:
The petitioner attempts to write the examination in the subject of Constitutional Law which was held on 29.04.2022, while writing the examination, the petitioner is said to have been caught red-handed with certain chits that she had bought for the purpose of alleged copying in the examination. The Invigilator who had caught the petitioner did not allow her to write the remaining part of the examination but also asked to sign on certain documents where the events happened on the said date -3- NC: 2023:KHC-D:9562 WP No. 103725 of 2022 in the classroom were recorded. The petitioner then receives a notice to appear before the Committee, which was in place for considering the cases of malpractice in the examination, since the petitioner had been caught in possession of chits, it was considered to be a malpractice in the examination and a notice for such appearance was issued. The petitioner appears before the Committee on 23.07.2022, the Committee asks her to sign on certain documents, the student signs. This document is treated as admission of case on the part of the petitioner and becomes the reason for passage of the impugned order. The impugned order is debarring the petitioner from appearance in the next two examinations in any semester in all the papers besides forfeiting her performance in the examination in which she had committed malpractice and imposition of penalty of 500/-. It is this order / action that drives the petitioner to this Court in the subject petition
4. Learned counsel Shri Aravind D.Kulkarni appearing for the petitioner taking this Court through the documents appended to the petition would seek to demonstrate that the procedure that is stipulated for conduct of an enquiry, to debar a student, is completely given a gobye in the case at hand. It is -4- NC: 2023:KHC-D:9562 WP No. 103725 of 2022 his submission that the ordinance governing malpractice of candidates depicts elaborate procedure for holding a student guilty of malpractice, prior to imposition of punishment, of debarment. He would contend that since the procedure is completely violated, the order should be quashed and consequential benefits be granted to the petitioner.
5. Per contra, learned counsel representing the 1st respondent - Karnataka Law University which has now passed the impugned order would seek to defend the action of the respondents contending that the petitioner - student has admitted the guilt, she was caught red-handed while copying in the examination, and in the light of the admission of the said guilt, elaborate procedure need not be followed and whatever is necessary to be followed, issuance of notice, seeking reply & appearance before the Committee are all followed. Therefore, he would seek dismissal of the petition.
6. Learned counsel for the 2nd respondent would submit that he is only a formal party in the proceedings as she was only a student who was writing the examination in the College. It is the University that has passed the order. -5-
NC: 2023:KHC-D:9562 WP No. 103725 of 2022
7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.
8. The afore narrated facts are not in dispute. The petitioner is the student of Law, in the 2nd respondent College. She was answering the paper in Constitutional Law on 29.04.2022. She was caught with carrying certain chits, which were allegedly found in her possession, by the invigilator. The possession of chits leads to the invigilator directing the petitioner to leave the examination hall and record whatever has transpired on the said date. The recording leads reporting the same to the Committee which considers the malpractices in the University. The Committee issues a notice to the petitioner and directs her to appear before it. The appearance of the petitioner before the Committee results in the petitioner again being directed to sign certain documents, the documents that are directed to be signed is a declaration that the petitioner has accepted the guilt. The appearance and acceptance of the petitioner by signing on the dotted lines, read as follows: -6-
NC: 2023:KHC-D:9562 WP No. 103725 of 2022 "EXAMINATION SECTION PROCEEDINGS OF THE MAL PRACTICE CONSIDERATION COMMITTEE Held on 23rd July 2022.
1) Name in Full : Khushi Mahantesh Kudachi
2) Registration No. : 10221341501
3) Expert Examiners Opinion : Copy enclosed.
4) Enquiry Proceedings : Candidate appeared and accepted that she was in possession of Written material and copied from it.
5) Recommendations of : The punishment may be imposed as the M.P.C. Committee per clause C (5) of the Ordinance Governing malpractice by candidate i.e., The Candidate shall be debarred from taking next tow available examinations in all the papers, besides foreiting her performance in the examination in which she commits malpractice, by imposing a penalty of Rs.500/-."
9. Learned counsel appearing for the University submits that this is the admission on the part of the petitioner and therefore the order forfeiting her performance in the examination and debarring her from taking next two available examinations in all the papers is imposed, this submission is unacceptable.
10. If the petitioner - student knew the consequences of what she is signing perhaps she would not have, as it is -7- NC: 2023:KHC-D:9562 WP No. 103725 of 2022 ostensible that she was asked to sign on the dotted lines, where the punishment is also indicated. The punishment is indicated in terms of the recommendation of the malpractice Committee, it is an admitted fact that the recommendation of the malpractice committee was never ever communicated to the petitioner, if a student did not know the consequence of what she is doing i.e., signing on pre-typed matter, it can hardly be said that it is in consonance with law, as a consequence of signing on the document is not made known to the petitioner. The petitioner was still a student of 3rd Semester of Law.
11. Immediately thereafter the mother of the petitioner has communicates representation in protest to the respondent - University seeking the exoneration of her daughter is proved notwithstanding, all of this the impugned order, the order reads as follows:
"EXAMINATION SECTION ORDER Sub: Decision of the Malpractice Cases Consideration Committee regarding Examination of Dec-2021 (Held in April/May/June-2022) Ref: 1. Approval of Syndicate Meeting dated 03.09.2022 This is to inform you that your Case has been considered by the Malpractice Cases Consideration -8- NC: 2023:KHC-D:9562 WP No. 103725 of 2022 Committee at its meeting and the following decision is taken by the Committee as per Karnataka State Law University Examination Ordinances-2014.
Punishment is imposed as per clause C (5) of Ordinance Governing malpractice by candidates i.e., The Candidate shall be debarred from taking next two available examination (in any semester) in all the papers, besides forfeiting her performance in the examination in which she commits malpractice, by imposing a penalty of Rs.500/-
Further candidate shall not be permitted to keep terms for the next higher course or pursue other alternative courses till their term of punishment is over."
12. In the teeth of the aforesaid facts, what requires consideration is whether the mandatory procedure stipulated under the Ordinance is followed or otherwise, prior to passage of the impugned order. Therefore, I deem it appropriate to notice the procedure that is stipulated to be followed, which reads as follows:
"The Procedure for Conducting enquiry andReporting
a) The Chairman of the Malpractice Consideration Committee (MPCC) shall fix a date for the conduct of inquiry in respect of each case.
b) The Registrar (Evaluation) shall send a notice, by post Under Certificate of Post, to all the candidates booked for Malpractice Case asking them to appear before the Malpractice Consideration Committee (MPCC) for enquiry on the date and time and the venue of the enquiry mentioned in the notice and charge in brief, against the accused.-9-
NC: 2023:KHC-D:9562 WP No. 103725 of 2022
c) The Registrar(Evaluation) shall also send a copy of the notice to the Principal of the college to serve the notice to the accused under due acknowledgement.
d) (i) A person served with the notice of enquiry shall present himself before the MPC on the date, time and the venue of enquiry.
(ii) If a person served with the notice of enquiry fails to appear before the committee on the prescribed date but sends a written submission (so as to reach the MPCC before the date of the enquiry) accepting the charges and admitting that he/she is guilty of committing the act/s of indiscipline or malpractice, he/she is charged with, the committee may, without insisting on the presence of the person for the enquiry, submit its report and recommendation in respect of the case to Vice-Chancellor on the basis of the submission received from the candidate.
(iii) In all other cases, a person served with the notice of enquiry shall personally appear for the enquiry. If a person failsto appear before the MPCC the committee shall proceed to decide the case exparte and on due consideration of the merits of the case, may make its report and recommendation in respect of the case to the Vice- Chancellor.
e) When the accused person appears before the Committee for the enquiry, the MPC Committee shall read out the charges made against him/her and examine the person in the matter of the indiscipline or malpractice charge reported against him/her. If the committee finds it necessary to examine or enquire any other person with regard to the matter enquired into, the committee may do so. The committee shall record all thestatements of the
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NC: 2023:KHC-D:9562 WP No. 103725 of 2022 accused and other persons examined or enquired in the case.
f) The Committee shall read out the recorded statements to the accused and obtain his/her signature on the recorded sheets, along with his/her statement.
g) In all cases of indiscipline or malpractice the accused shall defend his/her case personally and no other person shall be allowed to represent the accused.
h) After the completion of the enquiry the committee shall submit its report to the Registrar(Evaluation) for further needful action.
i) The Registrar (Evaluation) shall submit all the MPCC reports to the Vice- Chancellor at the earliest."
The ordinance depicts elaborate procedure to be followed for debarring a student on account their malpractice. The procedure as stipulated, if pitted on the facts narrated hereinabove, it would become unmistably clear that the student is not afforded any opportunity, as is provided under the aforesaid ordinance, which deals with conducting enquiry and reporting. If the student is not afforded all the opportunity that is to be afforded in terms of the ordinance, the resultant order which debars the petitioner would become unsustainable, and the unsustainability would lead to its obliteration. Learned counsel for the
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NC: 2023:KHC-D:9562 WP No. 103725 of 2022 respondent who has laid much emphasis on the admission of the student in the teeth of the aforesaid fact is untenable.
13. In the light of the blatant violation of law, as is observed hereinabove, the petitioner becomes entitled to succeed with all consequential benefits.
14. For the aforesaid reasons, the following:
ORDER
(i) The petition is allowed.
(ii) The order dated 06.09.2022, passed by the 1st respondent - Karnataka State Law University stands quashed.
(iii) Petitioner shall be entitled to all consequential benefits and permitted to answer all the examinations ensuing or currently in progress as the case may be.
Sd/-
JUDGE Vnp*/Ct:Bck List No.: 1 Sl No.: 56