JAYANTHI PRASAD DWIVEDI Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) SHYAMAL Kumar Sen, C. J. This special appeal is directed against the judgment and order dated 17-8-1998 of a learned single Judge by which writ petition No. 43786 of 1997 filed by the appellant was dismissed.

(2.) THE appellant appeared in LL. B. IInd Year examination of the year 1993, which was held in the year 1997. It is the case of the University that while appearing in the IVth paper on 9-4-1997, the appellant was caught red handed and some printed material relating to the aforesaid paper was seized from the possession. A notice was given to the appellant and thereafter, by the order dated 8-12-1997, the examination of LL. B. IInd year of the year 1993 in which he was appearing in 1997 was cancelled. THE appellant preferred the writ petition challenging the aforesaid decision dated 8-12-1997 of the University but the same was dismissed by a learned single Judge on 17-8-1998.

(3.) IN the result, the writ petition succeeds and as hereby allowed. The order dated 8-12-1997 passed by the respondents is quashed. The respondents are directed to declare the result of the appellant of LL. B. IINd year examination of the year 1993, which was held in the year 1997. The appellant shall appear before the respondent No. 2 on 28-8-2000. Petition allowed. .