SHAILENDRA KUMAR SINGH Vs. AVADH UNIVERSITY FAIZABAD

JUDGEMENT

(1.) The petitioner was a student of Bajrang Degree College, Kunda, district Pratapgarh. The examination of B. A. Part I was conduct ed by the Avadh University. Faizabad, and the petitioner appeared in the same. He was assigned a roll number bearing 2055 for that examination. However, as a result of the recommendation of the Sub-Committee constituted by the Examination Committee the examination of the petitioner for the year 1980 was cancelled and he was debarred from appearing at the 1981 B. A. Part I examination. The petitioner being aggrieved has filed the instant writ petition. Initially, he had challenged the aforesaid order in its entirety but at the time of the hearing of the petition the learned counsel for the petitioner stated that the petitioner is aggrieved by the latter part of the order whereby he has been debarred from appearing at the 1981 B. A. Part I examination and seeks the quashing of the same. He also stated that the petitioner does not now challenge the first part of the order where by his examination for the year 1960 was cancelled. We have, therefore, to consider as to whether the order of the University debarring the petitioner from appearing at the 1981 B. A. Part I examination is valid. The petition has been opposed and Sri S. L. Verma has put in appearance on behalf of the University.

(2.) We have heard the learned counsel for the petitioner as also for the University. For the petitioner it was urged that no charge-sheet was served on him and he was not given any opportunity to defend himself; hence the penalty imposed against him in debarring him from appearing at the 1981 examination is invalid. We find force in the contention. It was not disputed by the University that no charge-sheet was ever served on the petitioner nor was he ever asked to show cause as to why the penalty in question should not be imposed on him. The submission on behalf of the University, however, was that the petitioner had reproduced verbatim paragraphs after paragraphs from a book captioned Vishwa Hi Prachin Sabhtyain' by Sri Ram Goyal while answering the questions set in the examination, hence his examination for the year 1980 was cancelled and he was debarred from appearing at the future examination for the year 1981.

(3.) Sub-section (1) of 3. 29 of the Uttar Pradesh State Universities Act provides that there shall be an Examinations Committee in the University the constitution of which shall be as may be provided for in the Ordinances. Sub-section (3) of that Section stipulates that the Examinations Committee may ap-point such number of sub-committees as it thinks fit, and in particular may delegate to any one or more persons of sub-committees the power to deal with and decide cases relating to the use of unfair means by the examination examinees. Sub-section (4) of Section 29 being material is extracted hereinbelow :-