AGRA UNIVERSITY (THROUGH ITS REGISTRAR) Vs. ANIL PRAKASH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree of the Civil Judge, Moradabad dated 16-2-1980 accepting the appeal of the appellant and declaring that the order of the respondent Agra University cancelling the plaintiff's result of B. Sc. Part IT examination held in 19 75 was null, void and without jurisdiction.

(2.) The facts briefly stated are these. The plaintiff was the student of B. Sc. Fart II in 1975. He applied for appearing at the B. Sc Part II examination conducted by the Agra University through K. G, K. College, Moradabad. His application was accepted and he was allotted roll No. 3285 to appear at the examination. The plaintiff alleged that he appeared along with others in the second paper of Chemistry on 1-10 1975. The senior Superintendent of Examinations reported the University authorities that some torn papers were found on the seat of the plaintiff which, according to the plaintiff, was incorrect. The plaintiff received a notice on 20th Dec., 1975 calling upon him to explain his conduct regarding torn pieces allegedly found on his seat. The plaintiff appeared before the Examination Committee and offered his complexation He claimed that he did not use any unfair means and as such no action could be taken against him. By notification No. CQNF/UFM/94 of 1976, the plaintiff's result was cancelled. The plaintiff was. therefore, compelled to bring the suit for relief of declaration that the order dated 25th Oct. cancelling his result was null and void.

(3.) The Suit was contested by the Agra University. The allegations made in the plaint were denied. The plea was that the plaintiff was found in possession of nine torn pieces of papers. Or being asked at the examination hall, the plaintiff could not give any explanation and accepted his fault. Therefore, the matter was referred to the Examination Committee which found the plaintiff guilty of having used unfair means and recommended for the cancellation of his result. Upon which the action was taken by the University. The University pleaded that the suit was barred by Sec. 69 of the U. P. Universities Act, 1973