SANJAY MUKUNDRAI DESAI Vs. REGISTRAR SOUTH GUJARAT UNIVERSITY

JUDGEMENT

(1.) This Letters Patent Appeal is against the order passed by the learned Single Judge of our High Court in Special Civil Application No. 1810 of 1986. In that Special Civil Application the main prayer is to quash the order at Annexure C to the main petition wherein the South Gujarat University has passed orders against the appellant herein stating that the appellant used unfair means at the University Examination held in September 1985 that the result of the examination is cancelled and that the appellant cannot be permitted to appear at the examination till the end of academic year 1985-86. The learned Single Judge of our High Court after referring to the elaborate arguments advanced by the learned counsel appearing for the appellant herein dismissed the petition at the admission stage itself. It is as against this order that the present Letters Patent Appeal has been filed.

(2.) The short facts of this case are that the appellant wrote F.Y. B.Com. examination held by the South Gujarat University Surat in September 1985 The first paper was of English. During the examination hours the Supervisor found that the appellant-student was having a slip in his pocket. The matter was immediately complained to the authorities concerned and ultimately after following proper procedure the order Annexure C was passed.

(3.) Mr. Shethna the learned counsel appearing for the appellant submits that the order passed by the University is without evidence and that such an order could not have been passed without giving an opportunity to the appellant to examine his witnesses. The learned counsel submitted that this is a case of no evidence on record to warrant the conclusion arrived at by the University. The learned counsel further submitted that no reasonable opportunity was given to the appellant and as such there is failure of the principle of natural justice. The third submission made by the learned counsel is that the punishment in any event is excessive.