P UMESHA RAO Vs. BANGALORE UNIVERSITY BANGALORE

JUDGEMENT

(1.) briefly stated, the essential facts of the case are as follows: the petitioner appeared for the final year b.e. examination in the month of march, 1989. On 28-3-1989 when the petitioner was taking the examination in value engineering the flying squad of the Bangalore university seized the answer book from a student by name K Kamalakara Reddy who was sitting adjacent to the petitioner and the said answer book actually belonged to the petitioner himself. On the day when the answer book was seized from Kamalakara Reddy, the petitioner did not offer any explanation or any statement. On 3-4-1989 the petitioner wrote to the registrar (evaluation) of Bangalore university, requesting for release of the answer book for the purpose of valuation. However, the answer book was not released or returned. On 21-4-1989, the Article of charge and statement of allegations in support of the charge were issued to the petitioner and it reads as follows:

(2.) on 3-7-1989, an endorsement was issued to the petitioner informing him that the findings and recommendations of the malpractice enquiry committee as per its report dated 4-5-1989 were accepted by the university syndicate at its meeting held on 7-6-1989 and a penalty was imposed upon the petitioner denying him the benefit of performance of all papers (theory and practice) oflv year b.e. examination held during march, 1989, and also that he was debarred from appearing for two more such examinations viz., Of June 1989 and February 1990.

(3.) aggrieved by this Order, a copy of which is produced as Annexure-C , the petitioner has challenged the said endorsement in this writ petition. Besides quashing the endorsement dated 3-7-1989 issued by the 2nd respondent, a copy of which is marked as Annexure-C , the petitioner has also sought for a mandamus to respondent No. 1 to publish his results of the final year B.E. examination held in march, 1989.