University of Kerala v Amal V S; S S Devanarayanan; The Kerala Lok Ayukta

## **`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 11[TH] 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:`** ``` 1AMAL V S SREE VINAYAK, KALLUPALAKKADA, PERUMPUZHA P.O.. KOLLAM 691504 2THE 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 11[TH] 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. - 1[st] 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 6[th] 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..** 2[nd] petitioner in W.P.(C) No.25663/2022 has filed a statement dated 24[th] 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 - 1[st] 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 6[th] 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 1[st]_ ## **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 27[th] 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 - 2[nd] 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 27[th] 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 v. question papers,this Court in _**University of Kerala 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 P1THE TRUE COPY OF THE SAID ORDER DATED 27.7.2022 IN COMPLAINT NO.86 OF 2022 PASSED BY THE KERALA UPA LOK AYUKTA. Exhibit P2THE TRUE COPY OF THE COMPLAINT NO.86 OF 2022 FILED BY THE 1 RESPONDENT BEFORE THE 2ND RESPONDENT. ``` ``` Exhibit P3THE 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 P1THE TRUE COPY OF THE ORDER DATED 27.7.2022 IN COMPLAINT NO.84 OF 2021 PASSED BY THE KERALA UPA LOK AYUKTA Exhibit P2THE TRUE COPY OF THE COMPLAINT NO.84 OF 2022 FILED BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT WITH TRANSLATION Exhibit P3THE 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 ```