Kerala High Court
University Of Kerala vs S S Devanarayanan on 11 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 11TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945
WP(C) NO. 25663 OF 2022
PETITIONER/S:
1 UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR,
PALAYAM, THIRUVANANTHAPURAM 695034
2 CONTROLLER OF EXAMINATIONS,
UNIVERSITY OF KERALA, PALAYAM
THIRUVANANTHAPURAM-695034
BY ADV THOMAS ABRAHAM
RESPONDENT/S:
1 AMAL V S
SREE VINAYAK, KALLUPALAKKADA,
PERUMPUZHA P.O.. KOLLAM 691504
2 THE KERALA LOK AYUKTA
REPRESENTED BY ITS REGISTRAR,
LEGISLATURE 695033 COMPLEX,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM .
BY ADV AMAL V S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2023, ALONG WITH WP(C).25695/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.25663/2022, 25695/2022 ..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 11TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945
WP(C) NO. 25695 OF 2022
PETITIONER/S:
1 UNIVERSITY OF KERALA,
REPRESENTED BY ITS REGISTRAR,
PALAYAM, THIRUVANANTHAPURAM- 695034.
2 CONTROLLER OF EXAMINATIONS,
UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034.
BY ADV SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
KERALA(SC-2144)
RESPONDENT/S:
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.
BY ADV S.S.DEVANARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2023, ALONG WITH WP(C).25663/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.25663/2022, 25695/2022 ..3..
JUDGMENT
S.MANIKUMAR,CJ.
In these writ petitions, the University of Kerala has
challenged Ext.P1 common order of the Upa Lok Ayukta
dated 27.07.2022 in Complaint Nos.84/2022 and 86/2022.
2. Considering the averments made in these writ
petitions and prayers sought for, on 10.08.2022, this Court
passed the following order:
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 6th semester examinations I
was unable to attend."
2. Opposing the prayers sought for, the
Controller of Examinations, University of Kerala -
WP(C) Nos.25663/2022, 25695/2022 ..4..
2nd petitioner in W.P.(C) No.25663/2022 has filed a
statement dated 24th 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.
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."
WP(C) Nos.25663/2022, 25695/2022 ..5..
3. Complaint No.86 of 2022 filed by one
S.S.Devanarayanan - 1st 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 6 th
Semester examinations.
(2) This Hon'ble Court may direct the University to
make arrangements to conduct special examinations
for the 6th semester examinations I was unable to
attend."
4. Written comments filed by the Controller of
Examinations, University of Kerala - the 2 nd 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
WP(C) Nos.25663/2022, 25695/2022 ..6..
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 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
WP(C) Nos.25663/2022, 25695/2022 ..7..
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' 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."
WP(C) Nos.25663/2022, 25695/2022 ..8..
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 Controller of
Examinations, University of Kerala - 2nd respondent,
and the grounds raised, Mr.Thomas Abraham -
WP(C) Nos.25663/2022, 25695/2022 ..9..
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
27th July, 2022.
3. On this day, when the matter came up for hearing,
Mr.Thomas Abraham, learned Standing Counsel appearing
for the University submitted that, subsequently the 1 st
respondent in both the writ petitions has registered for the
examinations, which is the subject matter before the Lok
Ayukta and the papers are yet to receive at the Center for
valuation. Interim order granted by this court is made
absolute.
In as much as the respondents have already subsequently
WP(C) Nos.25663/2022, 25695/2022 ..10..
taken up the examination, there is no need to delve into the
merits of the complaint and the orders passed. However on
the aspect as to whether Lok Ayukta has jurisdiction to
enter into area of examination or evaluation of the
question papers,this Court in University of Kerala v.
Parvathy Krishna [2014 (2) KHC 199 : 2014(2) KLT
233],held that the Lok Ayukta has no power to issue interim
direction to the University to revalue the answer paper
contrary to the expressed provision contained in the
statutory regulation governing revaluation of answer
papers.
In the light of the above said decision and with regard
to the subsequent events these writ petitions are disposed
as indicated above.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
WP(C) Nos.25663/2022, 25695/2022 ..11..
APPENDIX OF WP(C) 25695/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SAID ORDER DATED
27.7.2022 IN COMPLAINT NO.86 OF 2022
PASSED BY THE KERALA UPA LOK AYUKTA.
Exhibit P2 THE TRUE COPY OF THE COMPLAINT NO.86 OF
2022 FILED BY THE 1 RESPONDENT BEFORE THE
2ND RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE WRITTEN COMMENTS
DATED 24.5.2022 FILED BY THE RESPONDENT
IN COMPLAINT NO.86 OF 2022 BEFORE THE
HON'BLE UPA LOK AYUKTA.
WP(C) Nos.25663/2022, 25695/2022 ..12..
APPENDIX OF WP(C) 25663/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER DATED
27.7.2022 IN COMPLAINT NO.84 OF 2021
PASSED BY THE KERALA UPA LOK AYUKTA
Exhibit P2 THE TRUE COPY OF THE COMPLAINT NO.84 OF
2022 FILED BY THE 1ST RESPONDENT BEFORE
THE 2ND RESPONDENT WITH TRANSLATION
Exhibit P3 THE TRUE COPY OF THE WRITTEN COMMENTS
DATED 24.5.2022 FILED BY THE RESPONDENT
IN COMPLAINT NO.84 OF 2022 BEFORE THE
HON'BLE UPA LOK AYUKTA
