MANISH DABAS; VARUN JAIN; NAMAN RASTOGI; PRANJAL VASHISTH; MANENDERA SINGH RANA; MOHIT BANKA; ANKIT SEHGAL; KARAN JAIN; DEEPAK KHANDUJA; RACHIT GUPTA; PRASHANT VATS Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) For admission to the Engineering course, the Delhi University conducted Combined Entrance Examination (CEE) 2005. Result of this exam was declared and merit list prepared. The appellants herein were placed quite high up in the merit list. However, immediately after the declaration of the results on 13.6.2005, the University received some complaints to the effect that unfair means were used in the said examination by many candidates. A preliminary scrutiny was conducted by the University authorities which according to the University revealed that there was some substance in the complaint regarding unfair means. The Registrar of the Delhi University, thus, vide FIR dated 27.6.2005 reported the matter to the Director, CBI for detailed investigation, alleging therein that the facts stated in the said FIR disclose commission of offences punishable under Section 120-B r/w Section 420 IPC r/w 13(d) r/w 12(2) of the Prevention of Corruption Act, 1988. Twenty one candidates were named in the said FIR. The names of the appellants were not in that list. It was alleged in the said FIR that the University had discovered that at Ranks 13, 25,36 and 56 of the merit list, there were 5, 3, 2 and 11 candidates respectively who had secured exactly the same marks in Physics, Chemistry and Mathematics, which was an unusual pattern.

(2.) Thereafter, the University issued show cause notices to many more persons, including the appellants herein on 6.10.2005 alleging that they had also used unfair means in the same examination and it was proposed to cancel the admission of the appellants on that basis. Separate notices were issued to these appellants, who were called upon to show cause why disciplinary action under the provisions contained in Clause 13 read with Clause 9 of Ordinance X-A of the University be not taken against them. The appellants submitted their replies. Thereafter personal hearing was also granted to them. All the appellants were separately interviewed for some time. Vide Memorandum dated 21.10.2005, result of the appellants at CEE'2005 was cancelled and they were debarred from any future examination of the Delhi University for a period of five years from 2005- 06. Since the appellants were given admissions in different colleges, in the meantime, those admissions were also cancelled. On the basis of the said Memorandum, the colleges also passed orders cancelling the admissions.

(3.) Spate of writ petitions came to be filed before this Court challenging Memorandum dated 21.10.2005. Appellants were also the writ petitioners. When these writ petitions came up for hearing on 5.12.2005, the University sought to withdraw the impugned show-cause notices with liberty to issue fresh show-cause notices. This request of the University was allowed and the writ petitions were disposed of with the direction that the impugned show-cause notice would stand withdrawn and liberty was granted to the University to issue a fresh show-cause notice on the basis of evidence which was collected in this behalf.