HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.17117 of 2014 Date:18.11.2014 Between:
Pappu Venkata Sita Rama Chandra Murthy, Minor, reptd by his father-Pappu Ravi Prasad . Petitioner And:
The Osmania University, reptd by its Registrar, Hyderabad and two others.
. Respondents Counsel for the Petitioner: Sri V.L.N.G.K.Murthy, Senior counsel for Sri A.Narasimha Rao Counsel for Respondent Nos.1 & 2: Sri Deepak Bhattacharjee The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of the respondents, in seizing Hall Ticket bearing No.2451-13-736-043 of the petitioner while he was writing Chemistry examination of Ist year B.Tech course on 20.06.2014 in respondent No.3-College, as illegal and arbitrary.
The petitioner was a Ist year student of B.Tech Course studying in respondent No.3-College, affiliated to respondent No.1-University. After writing four examinations of the Ist year, at the time of writing his 5th examination i.e., Chemistry on 20.06.2014, the Invigilator seized the answer sheet from the petitioner on the ground that he has carried cell phone to the examination hall and was found copying from the cell phone. Immediately, thereafter, the petitioner has filed the present Writ Petition.
On 23.06.2014, this Court has directed the respondents to permit the petitioner to write the remaining examinations from 24.06.2014, with the further direction not to declare the result of the petitioner. Accordingly, the petitioner is stated to have written the subsequent examinations.
On behalf of respondent Nos.1 and 2, the Registrar of respondent No.1-University has filed a counter-affidavit, wherein he has inter alia stated that as per the procedure of respondent No.1-University, show cause notices will be issued to all those students who were involved in the malpractices to explain before the Malpractices Committee and that appropriate order will be passed based on the report of the said Committee.
From the averments in the counter-affidavit, it is evident that no notice has been issued to the petitioner so far.
The issue whether the petitioner has committed malpractice or not needs to be examined by respondent No.1 after duly following the procedure. However, as of no, not only that the petitioner has written four examinations before the alleged event has taken place, he is also stated to have written the remaining examinations from 24.06.2014 on the strength of the interim order, dated 23.06.2014, of this Court. In the event, the petitioner is let off in the proceedings that may be initiated by respondent Nos.1 and 2, he shall not be deprived of one academic year. Therefore, in the interests of justice, respondent Nos.1 and 2 are directed to forthwith declare the result of the petitioner in all the papers, in which he has appeared except in Chemistry paper, of Ist year B.Tech examinations to enable him to appear in the supplementary examinations of Ist year that are scheduled to be held from 24.11.2014.
It is stated that the practical examinations of IInd Year B.Tech course are commencing from 19.11.2014 and that the last date for payment of fees for the supplementary examinations of Ist year B.Tech course and the practical examinations of IInd year B.Tech course has already been over.
In the light of the above facts, the petitioner shall be permitted to pay the fees for the supplementary examinations of Ist year B.Tech immediately after declaration of the result of his Ist year B.Tech course. The petitioner is also permitted to pay the fees for the practical and theory examinations of IInd year B.Tech course. The respondents are directed to permit the petitioner to appear for the practical and theory examinations of IInd year B.Tech, the supplementary examinations of Ist year B.Tech and to attend the IInd year B.Tech classes.
Respondent Nos.1 and 2 are also directed to initiate and complete the proceedings for the alleged malpractice against the petitioner within a period of one month from the date of receipt of a copy of this order.
The declaration of result of the Ist year B.Tech course of the petitioner and his appearance in the practical and theory examinations of IInd year B.Tech course shall be subject to the result of the enquiry before respondent Nos.1 and 2.
Subject to the above observations and directions, the Writ Petition is allowed.
As a sequel, interim order, dated 23.06.2014, is vacated and W.P.M.P.No.21430 of 2014 is disposed of as infructuous.
18th November 2014 DR JUSTICE C.V.NAGARJUNA REDDY