MALINI Vs. UNIVERSITY OF MYSOREMYSORE

JUDGEMENT

(1.) whether the vice-chancellor has authority of law to cancel the examinations on mere suspicion that one of the examiners must have favoured some students for extraneous considerations, without holding any enquiry of whatsoever nature is the only question that arises for consideration in these petitions. Though larger questions, such as the object of post-graduate courses, the purport and intent of examinations, scope and extent of enquiry regarding malpractices and lapses at the examinations and the applicability of principles of natural Justice would naturally arise for consideration during the consideration of the question in controversy, in the facts and circumstances of these cases, I do not propose to go into all these questions suffice it to state that, in matters of enforcement of discipline touching the examinations of various faculties, though applicability of natural Justice is not a Rule of thumb or a straitjacket formula, no penalty could be imposed without any enquiry. Deviation from procedure prescribed for an enquiry does hot mean total abandonment of enquiry.

(2.) the petitioners in these petitions are calling in question the action of the respondent and that of the vice-chancellor in not announcing the result of their performance in m.d. (o.b.g.) examination held in the month of march, 1994 and further cancelling the entire examination and directing the petitioners to take examination in respect of the same course in the month of september, 1994.

(3.) the petitioners are the students of mysore university in post-graduate course leading to m.d. in obstetrics and gynaecology, they, after having completed three years of study in the post-graduate degree in o.b.g., have taken their examination held between 15-3-1994 and 23-3-1994. They also state that the dissertations submitted by them were accepted by the respondent. When they were waiting for the result of their performance in m.d. examination, the respondent instead of declaring the result, issued a communication dated 1-7-1994 directing the head of the department, o.b.g., government medical college, mysore, to bring it to the notice of all the students that the syndicate of the university at its meeting held on 23-6-1994 resolved to permit the students of m.d. (o.b.g.) to take examinations scheduled to be held on 15-9-1994, if they so desire and to pay examiantion-fee in accordance with the notification dated 31-5-1994. A copy of the said communication is produced at annexure-a. Pursuant to the resolution of the syndicate, the vice-chancellor appeared to have made an Order cancelling the examinations. Pursuant to the Order of the vice-chancellor, the respondent issued an order dated 16-8-1994 in No. Ex./mp/412/march, 1994, as per annexure-b, cancelling the examinations of m.d. (o.b.g.) and (d.g.p.) held in the month of september, 1994.