Suresh Koshy George vs The University Of Kerala & Ors on 15 July, 1968
This has been approved by the Supreme Court in the case of Suresh Koshy George v. University of Kerala. AIR 1969 SC 198, where a misconduct by a student in the examination and the punishment inflicted upon the student for such misconduct was in question before the Supreme Court. Applying the tests laid down in the aforesaid case to the facts of the present case, it must be held that there has been a gross violation of the principles of natural justice. The only time when the petitioner was required to meet the charge was the interview that was held on.29-7-1987. After the interview and on being satisfied, the Committee came to the conclusion that the petitioner was innocent and in fact the Council exonerated the petitioner by notification dated 31-7-1987. Thereafter no further notice has been given to the petitioner and the petitioner did not get an opportunity of meeting any further allegations or material found against him. Obviously, the authorities cannot utilise a material which had not been put to the petitioner. From the averments made in the counter-affidavit, it is crystal clear that the petitioner had not been given notice of the incriminating material which was used by the Council to reverse the decision of the Examination Committee taken earlier and to come to a conclusion that the petitioner adopted unfair means during the examination. In this view of the matter, the impugned order under Annexure-1 cannot be sustained. Accordingly, the notification of the Controller of Examination dated 9th of October, 1987, which has been annexed as Annexure-1 to the writ application is hereby quashed and the opposite party is directed to act in accordance with law.