AJAY KHATRI Vs. MYSORE UNIVERSITY MANASAGANGOTHRI MYSORE

JUDGEMENT

(1.) i have heard the learned counsel for the petitioners and the respondents. The statement of objections has already been filed on behalf of the respondents and with the consent of the parties the writ petitions are being finally disposed of.

(2.) the petitioners who are all medical students had appeared for iv year b.d.s. examination held by the respondent-university at hassan. The 4th respondent-college is situated at mysore. The examinations were held between 15-7-1995 to 31-7-1995. The practical examination of "oral medicine and roentogenology" was held on 29-7-1995. But the same was cancelled by the university authorities as per the communication Annexure 'b' and the petitioners along with other students were directed to appear for fresh examination to be conducted at j.s.s. dental college, mysore, during 3-8-1995 to 5-8-1995 as is evident from impugned communication Annexure 'b'. The petitioners instead of participating in the said examination have preferred to file these writ petitions challenging the validity of the notice Annexure 'b' on the ground that it is arbitrary and unsustainable in law.

(3.) in the statement of objections filed on behalf of the university it has been stated that the necessity of issuing Annexure 'b' had arisen because of serious allegations against one of the internal examiner namely, Dr. Radhakrishna who was conducting the "oral medicine and roentogenology" examination of these petitioners. The allegation was that he had collected money from the students who had appeared for the aforesaid paper in order to favour them. It has also been alleged that the police had arrested the said Dr. Radhakrishna after having found some marked notes with the examiner. It is an admitted fact that on the date of the examination Rs. 54,000/- was seized from the rooms of the one of the examinee which is said to have been collected by the examiner for showing unwarranted favour. It has also been stated that the decision of cancelling the said examination and holding of a fresh examination have been duly ratified by the syndicate which is the competent authority in the matter of conducting university examination.