M. BHARATH KUMAR REDDY Vs. VICE-CHANCELLOR

JUDGEMENT

(1.) Petitioner was a law student pursuing his professional law course in R.V.Bidap Law College at Bidar. According to the respondents, he was caught red handed while copying in the examination held on 04.07.2019 and a malpractice case was registered against him. After enquiry respondent No.2 passed the impugned order at Annexure- D which reads as under:

(2.) Learned counsel for the petitioner submits that the enquiry conducted is illegal, without authority of law and contrary to "The Ordinance Governing Malpractice by Candidates Appearing in Examination and Officials/Supervisory Staff, Punishment, Procedure under section 48 (1)(d) of Karnataka State Law University Act, 2009" and submits that no documents were provided to the petitioner before the commencement of the enquiry and no opportunity was given to the petitioner to cross examine any of the witnesses and merely based on the statement of the supervisor and on the basis of the CCTV footage, the impugned order has been passed in stark violation of the basic principle of natural justice and hence the impugned order at Annexure-D and the consequent punishment imposed on the petitioner is illegal and without authority of law is liable to set aside.

(3.) Learned counsel appearing on behalf of respondent No.2 has filed a detailed statement of objection contending that a valid and proper enquiry was held before passing the impugned order. Learned counsel had referred to the proceedings of the Mal Practice Committee held on 18.10.2019 and pointed out that the petitioner was issued with prior notice and he actually participated in the proceedings but refused to sign the order sheet and failed to cross-examine the witnesses and therefore the allegations made against the respondents are baseless and contrary to the records maintained by the mal practice committee.