Beena Philipose And Motty Philipose v. State Of Kerala
1991-08-20
K.RAMASWAMY, KULDIP SINGH, RANGANATH MISRA
body1991
DigiLaw.ai
(1) SPECIAL leave granted. (2) THESE two appeals are by a brother and his sister who were students of the MBBS course in the Trivandrum Medical College. The sister had a bachelors degree in science. On the allegation that admission into the medical course had been obtained on the basis of forged mark- sheets, they are being prosecuted criminally. They were also subjected to disciplinary proceedings by the university authorities. We have looked into the criminal charge and the charges in the disciplinary action. More or less they are on common grounds. While the criminal charge is still pending, the disciplinary proceedings have terminated as a result of which the admission of the two students in the medical course has been held to be invalid and the results of their examinations have been can celled. There is also a direction that educational qualifications which had been acquired are to be withdrawn. The directions in the disciplinary proceedings are assailed before us by special leave as their writ petition before the High court has been rejected. (3) IN Kerala there has been an unfortunate spurt of mark-sheet scandals and several criminal proceedings have been pending for some time. On one or two occasions in different cases we had directed for expeditious disposal but on account of miscellaneous proceedings taken from time to time mostly at the instance of the accused persons there has been no substantial progress in the criminal trials. (4) WE are of the view that these criminal cases should be disposed of expeditiously and appropriate arrangement should be made by the High Court to set apart the services of adequate number of trial judges to complete these cases. We would also like to indicate that it is our intention that all the cases should meet the logical end by trial and should not be interfered with by interim directions of stay or otherwise. It shall, therefore, be not open to any court other than this court to make interim order of stay or detain the trials by any other judicial process. We would request the learned chief justice of Kerala High court to per sonally look into this matter, provide adequate trial Judges for taking up the pending trials so that within a reasonable time not exceeding six a months from now these criminal trials may be over.
We would request the learned chief justice of Kerala High court to per sonally look into this matter, provide adequate trial Judges for taking up the pending trials so that within a reasonable time not exceeding six a months from now these criminal trials may be over. (5) SO far as the present matters are concerned we would direct that if in the criminal trials to which the brother and his sister are parties as accused persons there is acquittal on merit the proceedings taken by the university shall stand vacated and the consequential direction taking away the degrees shall also stand vacated and the degrees shall be restored. The university has itself voluntered in its affidavit that the brother and sister should be allowed to complete their courses if that situation arises. We reiterate the same and direct that as soon as the trial is over and if acquitted following steps should be taken by the university to ensure that they are provided admission for completing the remaining period of the course so as to ensure that no time is lost or if at all it is inevitable, the minimum that is necessary is only consumed by that process. (6) APPEALS are accordingly disposed of. No costs.