The High Court of Karnataka has quashed an order of Mysore University to withdraw marks cards and degree certificates issued to 22 students on the allegations that they had secured “fake” marks card with the help of some insiders.
A Division Bench comprising Justice K.L. Manjunath and Justice Ravi Malimath passed the order while allowing appeals filed by Anil Kumar K.C. and 21 others questioning rejection of their petition, by a single judge, against university’s action.
These students had completed various undergraduate courses during 2002–09 and the university in 2010 issued show-cause notices to them alleging that they were involved in malpractices with some employees of the university and middlemen, and had secured fake marks cards and degree certificates. The original marks cards were changed by web-hosting fake marks cards on the computer system, the university had alleged.
However, the Bench found that university’s inquiry through a retired judge could not establish allegations of involvement of its employees and no action was taken against any one. But the decision to withdraw marks and degree certificates were take by university’s Academic Council.
Even in criminal cases lodged by the university, none of the students has been arraigned as accused by the police, who have already filed charge sheet, the court noticed.
“…no court can make out that what was the inquiry conduct against each student… We are unable to understand how the university can indict students and withdraw marks cards given to them based on surmises and conjunctions. We are of the opinion that students’ career cannot be spoiled by the university without holding a detailed inquiry and giving a finding against them,” the Bench held. However, the court has given liberty to the university to conduct a fresh inquiry as per law against each student separately and take action based on the outcome of such inquiry.
