GUJARAT UNIVERSITY Vs. SHARAD PRAVINCHANDRA UPADHYAYA

JUDGEMENT

(1.) These three appeals are directed against the common judgment recorded by the learned Single Judge on April 24 1980 in three petitions which were filed by some students who appeared at the First B. Sc. Examination held by Gujarat University in April 1978.

(2.) The learned Single Judge has slated in his judgment facts of each case in details. It is therefore not necessary for us to reproduce them in this judgment. The broad allegation which the University made against original petitioners was that they had directly or indirectly influenced the moderators and unduly obtained more marks than they deserved in certain papers in which they appeared. Notice was issued by the University to each of the original petitioners to show cause why their results should not be cancelled and why they should not be debarred from appearing at the examination for a certain period of time. The Enquiry Committee which the University appointed held the enquiry and came to the conclusion that the result of the original petitioners should be cancelled and that they should be debarred from appearing at the examination for the period which is specified in the impugned orders.

(3.) Original petitioners were aggrieved by the notifications which the University issued and under which their results were cancelled and they were debarred from appearing for some time in future at the F.Y. B.Sc examination. The learned Single Judge who heard the petitions found that the principles of natural justice were not complied with by the University. He therefore quashed the impugned notifications. The University has appealed against that decision and that is how these three appeals have arisen. The principal question which has been raised by Mr. Shelat who appears on behalf of the appellant University relates to demarcating the line of circumference for principles of natural justice in the academic world in case of a dispute between the students and the University.