SIDDHESHWAR SHUKLA Vs. VICECHANCELLOR BANARAS HINDU UNIVERSITY

JUDGEMENT

(1.) In this petition filed by a candidate who appeared in Pre-Medical Test (in brief PMT) conducted by the Banaras Hindu University, from Nagpur centre, the short question that arises for consideration is whether there was any material on record from which the respondents could have concluded or even raise reasonable inference that the petitioner was guilty of breach of discipline or any other irregularity for which he could have been debarred from the PMT examination and deprived of the privileges of the university including withholding of his result of B. Pharma?

(2.) The petitioner, admittedly, had appeared in Pre-Medical Test/Pharmacy Admission Test (in brief PMT/PAT) conducted by Banaras Hindu University (in brief University) in 1999. He could not get admission in PMT but he was declared successful in PAT. He was admitted in B. Pharma course and declared successful in B. Pharma first semester held in December, 1999 and secured Grade point 7.78. The examination for second semester was held in April, 2000. In June the petitioner appeared in PMT-2000. His candidature was cancelled by the Vice-Chancellor on 23.6.2000 and his privileges as a university student were suspended, the consequences of which was that his result of B. Pharma second semester was withheld. This order was communicated by Registrar on 24.6.2000. His result was not declared in July, 2000. The petitioner, therefore, filed this petition for quashing of order dated 24,6.2000 and for issuing direction to the respondents to declare his result of second semester.

(3.) The background in which all this happened may now be narrated in brief. On 6.5.2000 an anonymous complaint was received by the Controller of Examination that the petitioner had submitted 26 application forms for admission to M.B.B.S. course on 15.3.2000 mentioning therein Nagpur centre for all candidates even though the candidates were of Haridwar, Meerut, Delhi and Muzaffarnagar. Allegation was made that out of 26 candidates only six were genuine and names and addresses of others were fake. It was alleged that a racket was operating and parents of six candidates were spending Rs. 6 to 10 lacs for getting admission in MBBS course. The said amount had been distributed amongst the rest including the petitioner. The complaint mentioned that except six candidates the applications of remaining were defective, namely, they had given names of different persons and they were aged 25 to 35 years. It was alleged that each detail in the applications was wrong. It was mentioned that entire information was available with the petitioner. The complaint was examined by the PMT in- charge examination who after scrutinising the application forms and making preliminary inquiry sent an official letter to Senior Superintendent of Police, Varanasi expressing his apprehension that some racket was operating, therefore, an inquiry be made as some mark 'sheets appeared to be fake and the candidates may not be genuine, therefore, they may be apprehended at the time of examination on 4.6.2000 at Nagpur centre itself. On this letter a police case was registered on 29.5.2000 and the petitioner along with 19 others was arrested on 4.6.2000 at Nagpur after the examination was over. They were produced before the Chief Judicial Magistrate, Varanasi on 6.6.2000. Their bail applications were rejected. But the District Judge released them on bail.