SIDDHARTH MOHANLAL SHARMA Vs. SOUTH GUJARAT UNIVERSITY

JUDGEMENT

(1.) Questions of some importance in the field of administrative law arise in this appeal in the context of the exercise of disciplinary jurisdiction by a University over a student who is alleged to have misconducted himself at an examination. The question of the ambit of the power of the Court exercising writ jurisdiction to examine the validity of the findings of fact upon which the ultimate decision recorded by a disciplinary authority rests has been the subject-matter of a catena of decisions One of the rules which is well-established is that to find facts on no evidence is to err in law and that such an error attracts judicial review. What is meant however by no evidence ? Does it mean total dearth of evidence or lack of evidence reasonably capable of supporting the findings ? This is principal question which directly falls for consideration herein. The subsidiary question is as to when can the quantum of penalty which is within the exclusive domain of the disciplinary authority be reviewed in writ jurisdiction. These questions require examination in the context of the fact situation set out hereunder.

(2.) The appellant (hereinafter referred to as the petitioner) who was a student of the M.T.B. Arts College Surat appeared at the First Year B.A. Examination held by the South Gujarat University (hereinafter referred to as the University or the respondent-University) in the month of March 1979 His roll number for the said examination was 1993 The result of the said examination was declared sometime in the month of June 1979. However the result of the petitioner was not declared and it was withheld by the University.

(3.) By a notice dated 21/06/1979 the petitioner was called upon to show cause why appropriate action should not be taken against him for having appeared in the paper of English at the Pre-University Arts. Examination held in April 1979 in place of the candidate bearing roll No. 993 of the Surat Center.