SHIVASHANKAR TALLUR Vs. MYSORE UNIVERSITY

JUDGEMENT

(1.) Petitioners are the students of Malnad Engineering College, Hassan at relevant time were studying third semester B.E. As usual, they appeared for the third semester examination which was held by the Mysore University during the month of September 1989. After examinations were over, at the time of valuation of concerned valuer found malpractices alleged to have been committed by the petitioners and other students of the University. The same was brought to the notice of the first respondent University, which in turn, in exercise of power conferred under Section 62 of the Karnataka State University Act, 1976, issued show cause notices dated 15-11-1989 to the petitioners. The charge levelled against the first petitioner reads thus:

(2.) According to the petitioners, since the University authorities failed either to follow the requirements/ procedures contemplated or to comply with the mandatory requirements, the entire enquiry has been vitiated, thus the punishment imposed against them debarring both the students from taking any University examinations up to February/ March 1994 is quite illegal, unreasonable and excessive in nature. In support of the above contentions, Sri B.S. Patil, Advocate for the petitioners relied upon a decision of this Court in Arun Kumar Agrawal v. Bangalore University reported in 1977 (2) KLJ 334, wherein it is stated thus;

(3.) As an answer to the above contentions, Sri Brahmarayappa, learned Counsel for the Mysore University, very vehemently argued that these are not the cases where the matter be dealt with compassionately or mercy be shown. According to him, the University, before taking a decision to debar these two petitioners and several other students who had involved in similar malpractices, had complied with the principles of affording an opportunity of hearing to all the students who had involved in a scandle of malpractice of the year.