MAHIDA MAHAVIRSINH VIJAYSINH Vs. HEMCHANDRACHARYA NORTH GUJARATUNIVERSITY

JUDGEMENT

(1.) THIS appeal under Clause 15 of the Letters Patent is at the instance of an unsuccessful applicant of a writ application under Article 226 of the Constitution of India and is directed against the order dated 9th August 2012, passed by the learned Single Judge, by which, his Lordship dismissed the writ application.

(2.) THE facts giving rise to this appeal may be summarized as under:

(3.) ON the other hand, Mr. Amit Panchal, the learned counsel appearing for the respondent No. 1 University opposed the appeal and submitted that the learned Single Judge committed no error, not to speak of any error of law in confirming the order passed by respondent No.1 cancelling the result of the appellant. Mr. Panchal submitted that the inquiry which was held was fair and afforded the appellant full opportunity to defend himself. He also submitted that the findings of the examination committee based upon probabilities and circumstantial evidence could not be said to be based on no evidence as the examiner had no reason to falsely accuse the appellant of having indulged in malpractice. The sum and substance of Mr. Panchal's argument is that there was no reason for the examiner to inform the examination committee falsely or with any mala fide intention that the micro xerox copies containing the answers were found amidst the answer sheet of the appellant. Mr. Panchal lastly submitted that in such type of matters no leniency or no mercy should be shown as in academic matters, there should be strict discipline and malpractice should be firmly punished. Mr. Panchal, therefore, prayed that there being no merit in the appeal the same may be dismissed.