Vijayakumar.N vs State Of Kerala
2026 Latest Caselaw 2226 Ker

Kerala High Court

Vijayakumar.N vs State Of Kerala on 25 March, 2026

                                               2026:KER:26500



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

WEDNESDAY, THE 25TH DAY OF MARCH 2026/4TH CHAITHRA, 1948

                 CRL.REV.PET NO. 802 OF 2023

        CRIME NO.7/2009 OF VACB, THIRUVANANTHAPURAM,

AGAINST THE ORDER DATED 28.04.2023 IN CC NO.5 OF 2018 OF

ENQUIRY COMMISSIONER & SPECIAL JUDGE, THIRUVANANTHAPURAM

REVISION PETITIONERS/COMPLAINANT AND CW1:
    1    VIJAYAKUMAR.N
         AGED 54 YEARS
         S/O.NARAYANA PILLAI.T.K., THARAYIL HOUSE,
         KOMANA, AMBALAPUZHA.P.O,
         ALAPPUZHA DISTRICT., PIN - 688561

    2      GOPAKUMAR. C.P
           AGED 64 YEARS
           S/O.CHELLAPPAN PILLAI, APART NO.4D,
           SHANOOR NALANDA, NEAR LAYOLA COLLEGE,
           SREEKARIYAM, THIRUVANANTHAPURAM, PIN - 695017

           BY ADVS.
           SRI.K.K.DHEERENDRAKRISHNAN
           SMT.N.P.ASHA
RESPONDENTS/STATE & ACCUSED:
    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA,
         ERNAKULAM, PIN - 682031

    2      C.K. VISWANATHAN
           G.L.MILLENIUM APARTMENT, JAGATHY,
           THYCAUD.P.O., THIRUVANANTHAPURAM
           FORMER ENTRANCE COMMISSIONER, ENTRANCE
           COMMISSIONER' S OFFICE,
           THIRUVANANTHAPURAM., PIN - 695014

    3      RAJOO KRISHNAN
           ATHIRA, TC 6/1272(1), MRA-A25,
                                           2026:KER:26500
CRL.REV.PET NO. 802 OF 2023
                              2


         MARUTHANKUZHI, KANJIRAMPARA,
         THIRUVANANTHAPURAM
         FORMER JOINT COMMISSIONER (ACADEMIC),
         ENTRANCE COMMISSIONER OFFICE,
         THIRUVANANTHAPURAM, PIN - 695010

    4    T.G.VIJAYAKUMAR
         AGED 62 YEARS
         S/O.GANGADHARAN, VAISHNAVI, TC 8/499,
         SREEKARIYAM.P.O, THIRUVANANTHAPURAM.
         FORMER JOINT COMMISSIONER (COMPUTER),
         ENTRANCE COMMISIONERATE OFFICE,
         THIRUVANANTHAPURAM., PIN - 695017

    5    P.P.AJITH
         AGED 54 YEARS
         S/O.PURUSHOTHAMAN, POOTHOPPIL HOUSE,
         TC 79/137(2), SREEKARIYAM.P.O,
         THIRUVANANTHAPURAM, TECHNICAL ASSISTANT-I,
         ENTRANCE COMMISIONERATE OFFICE,
         THIRUVANANTHAPURAM., PIN - 695017


         BY ADVS.
         SRI.P.MOHANDAS (ERNAKULAM)
         SRI.K.SUDHINKUMAR
         SRI.SABU PULLAN
         SRI.GOKUL D. SUDHAKARAN
         SHRI.R.BHASKARA KRISHNAN
         DR.K.P.SATHEESAN (SR.)
         SHRI.BHARATH MOHAN
         SRI.RAJESH A, SPECIAL PUBLIC PROSECUTOR, VACB
         SMT.REKHA S, SR.PUBLIC PROSECUTOR, VACB
     THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 25.03.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                   2026:KER:26500
CRL.REV.PET NO. 802 OF 2023
                                3




                           ORDER

Dated this the 25th day of March, 2026

This criminal revision petition has been filed under

Sections 397 and 401 of the Code of Criminal Procedure,

challenging the order dated 28.04.2023 in C.C.No.5/2018 on

the files of the Enquiry Commissioner and Special Judge,

Thiruvananthapuram.

2. Heard the learned counsel for the revision

petitioners and the learned Special Public Prosecutor in

detail. Though respondent Nos.2 to 5 filed Vakalath, their

counsel is absent during hearing. Perused the verdict under

challenge.

3. In this case, the prosecution case as stated

in paragraph No.3 of the impugned order is as under:

"3. Summary of the allegations is the following:- All these accused persons having entered into criminal conspiracy for obtaining undue advantage to the private self-financing colleges, 2026:KER:26500 CRL.REV.PET NO. 802 OF 2023

forged clause No.5.5.4 of the prospectus for the year 2004 by adding the word 'special', which amendment was neither suggested to nor approved by the Government and this additions was made with the intention and foreseeing that the seats left unfilled in the reserved category would be lapsed and thereby the self-financing colleges would get an opportunity to fill the same under the management quota. Apart from that, the accused persons, instead of conducting spot admission in the Centralized Allotment Process held on 09.11.2004, published a re-allotment list on 24.11.2004 by violating different clauses of prospectus and the information broacher. On account of this act of the accused, 90 seats un- availed by the allotees stood transferred to management quota and thereby undue advantage was obtained by those managements. Because of addition of the word 'special' and consequential forgery in the prospectus, 130 seats have been lapsed from the Government quota and thereby the managements got those seats to be filled under management quota and thereby gained undue advantage. Thus in the year 2004, 220 Government cats were transferred to management quota 2026:KER:26500 CRL.REV.PET NO. 802 OF 2023

thereby causing huge loss to the Government and unlawful gain to the managements of self-financing colleges. Therefore the accused persons have committed the offences punishable under Sec.468, 471 and 120B IPC and Sec.13(2) r/w 13 (1) (d) of Prevention of Corruption Act (for short the P.C.Act)."

4. In this matter, the revision petitioners are

the complainant and the 1st witness in this case. According to

the learned counsel for the revision petitioners, in this case,

initially investigation was carried out and on getting sanction

to prosecute the accused persons, final report was filed.

Thereafter, further investigation was conducted and a

negative report was filed. However, when the discharge plea

at the instance of the accused persons, who are arrayed as

accused Nos.2 to 5, were considered, the learned Special

Judge meticulously analysed the additional report alone,

without considering the earlier findings in the original report,

in a case wherein, because of the laches on the part of the 2026:KER:26500 CRL.REV.PET NO. 802 OF 2023

accused persons in invoking clause No.5.5.4 of the

prospectus - 2004, by adding the word 'special', 130 seats

of B.Sc Nursing course on merit were lost to the students

and in consequence thereof, they were forced to study in

private management colleges by paying higher fees.

5. It is pointed out by the learned counsel for

the revision petitioners that, if both reports are considered

together, merely on the basis of the supplementary report,

the discharge plea could not have been allowed, and this is a

case where the prosecution allegations are made out prima

facie, or atleast a strong suspicion to go for trial could be

found.

6. The learned Special Public Prosecutor also

supported the argument advanced by the learned counsel for

the revision petitioners and pressed for interference in the

order seeking reconsideration of the impugned order by the

learned Special Judge on merits and in consonance with 2026:KER:26500 CRL.REV.PET NO. 802 OF 2023

both reports.

7. Going by the order, the argument advanced

found to have force. In the impugned order, the learned

Special Judge also found that adding the word 'special'

would show some suspicion, but the same did not amount to

grave suspicion. When the word 'special' is added, and in

turn, the same resulted in loosing 130 merit seats for the

students and the students were compelled to go and

complete their studies by paying exorbitant fees, which they

would not have to pay if they got admission on merit seats,

the same cannot be treated as a mere suspicion in the place

of strong suspicion and the allegation on the said fact is a

grave or strong suspicion, necessitating trial of the case.

Thus, the impugned order would require interference.

Therefore, this criminal revision petition is allowed

and the order impugned is set aside. The matter is remitted

back to the Special Court to consider the same afresh and 2026:KER:26500 CRL.REV.PET NO. 802 OF 2023

pass orders, taking note of the two reports together and

purely on merits, within a period of six weeks from the date of

receipt of a copy of this order.

The parties is directed to appear before the Special

Court on 08.04.2026.

Registry is directed to forward a copy of this order to

the Enquiry Commissioner and Special Judge,

Thiruvananthapurapm, forthwith for information and

compliance.

Sd/-

A. BADHARUDEEN JUDGE nkr 2026:KER:26500 CRL.REV.PET NO. 802 OF 2023

APPENDIX OF CRL.REV.PET NO. 802 OF 2023

PETITIONER ANNEXURES Annexure-I COPY OF THE FINAL REPORT IN CRIME NO.

VC 7/2009/SIU WAS REGISTERED AT VACB (SIU), TRIVANDRUM Annexure-II THE TRUE COPY OF QUESTION NO.3078 AND REPLY DATED 3/8/2005 OF SRI.K.MUHAMMADALI EX MLA FROM THE KERALA LEGISLATIVE ASSEMBLY Annexure-III THE TRUE COPY OF THE PAGE-22 AND 23 OF THE MEDICAL ENGINEERING PROSPECTUS -

Annexure-IV THE TRUE COPY OF PAGE NO-3 OF CENTRALIZED ALLOTMENT PROCESS (CAP)

Annexure-V TRUE COPY OF PAGE NO.2, 73, OF THE PROSPECTUS 2004 Annexure-VI TRUE COPY OF PAGE NO.2,4,5,6,7 OF PROSPECTUS -2004- Annexure-VII TRUE COPY OF THE GO (P) 208/66/EDN DATED 2/5/1966 Annexure-VIII A TRUE COPY OF THE LETTER NO.CEE-

2200/2003/TAI DATED 31.10.2003 Annexure IX A TRUE COPY OF RELEVANT PAGES PF PROSPECTS OF 2003 Annexure X TRUE COPY OF PAGE NO. 1 TO 11 OF EXT NO.3 (F) PRODUCED ALONG WITH ANNEXURE- I FINAL REPORT IN CC 5/18 OF VIGILANCE COURT, TRIVANDRUM Annexure-XI THE TRUE COPY OF PAGE 73 OF THE GOVERNMENT APPROVED PROSPECTUS - 2004 Annexure-XII A TRUE COPY OF THE OPTION FORM OF SMT.

SREELA THAJ