MAHIDA MAHAVIRSINH VIJAYSINH Vs. HEMCHANDRACHARYA

JUDGEMENT

(1.) The petitioner herein has challenged the order dated 13.10.2011 passed by the respondent No. 1 cancelling the result of M.Sc. Part -II(March -June 2011) qua the petitioner and debarring the petitioner from appearing in any examination conducted by the Authority till March -June 2012 summer/winter holding him guilty for unfair means (Mal Practice) in the examination.

(2.) The facts of the present case in nutshell could be set out as under :

(3.) Mr. Patel, learned advocate appearing for the petitioner has contended that the petitioner never adopted any unfair means during the examination. He submitted that the petitioner was called for personal hearing on 17.09.2011 by the respondent University vide letter dated 03.09.2011. The petitioner remained present on that day but was not heard by the respondent No. 1 and that it was conveyed by the officers of the respondent No. 1 that the respondent No. 2 had informed them that his impression is not good for long and hence he will be punished and appropriate order shall be sent to him. It was also told to the petitioner to give in writing simple denial of the charges which was accordingly done by the petitioner. Mr. Patel, therefore, submitted that as the petitioner was not heard before passing the impugned order, the order passed by the respondent No. 1 is bad in law and against the principle of natural justice.