MALLIKARJUN S/O ARJUN TALKERI Vs. VICE-CHANCELLOR

JUDGEMENT

(1.) Petitioner was a law student pursuing his professional law course in S.S.L. Law College at Gulbarga. According to the respondents, he was caught red handed while copying in the examination held on 06.07.2019 and a malpractice case was registered against him. After enquiry respondent No.2 passed the impugned order at Annexure- G 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 the Malpractice by Candidates Appearing in the Examination and Officials/Supervisory Staff, Punishment and 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, the impugned order has been passed in stark violation of the basic principle of natural justice and hence the impugned order at Annexure-G 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. Referring to the proceedings of the Malpractice Committee held on 29.08.2019, learned counsel 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 Malpractice Committee.