VINOD KUMAR Vs. UNIVERSITY OF ALLAHABAD AND ANOTHER

JUDGEMENT

(1.) Vinod Kumar, the petitioner, was respondent of B.Sc. Part 11 Allahabad University,. His Roll Number was 790. He appeared in the month of March, 1981, in the final examination of B.Sc. On 26th of March, the petitioner appeared in the examination of Botany paper II. On that date the squad of the University made a surprise inspection of the hall in which the petitioner was allowed the seat. It found three full size pages of the register from the profession of the petitioner. Upon the seizure of these papers, the petitioner was given a questionnaire. One of ti e questions mentioned in clause (b) was as to whether three papers seized were found from the possession of the petitioner. As a against the said question, the petitioner wrote Haan in his own hand. Thereafter, the petitioner was supplied another copy. When the copy went to the Examiner, he compared three full size papers recovered from the possession of the petitioner with the answers given by him. On comparison, he was of opinion that these papers had been utilized tire petitioner for answering no. 9. On the basis of the said report of the Examiner, the petitioner was charge sheeted calling upon him to explain as to why Iris examination for this year was not liable to be cancelled ana further why was he not liable to be debarred from appearing in any examination of subsequent years. The charge was as under :

(2.) The petitioner submitted a reply to the said charge. Ultimately, the Enquiry Committee found the petitioner having used unfair means. Acting upon the said report, the petitioners result of the year 1980 was cancelled and he was further debarred from appearing in the next year i.e. 1981. Being dissatisfied with that order, the petitioner filed the present writ.

(3.) The submission made by the petitioner was that there was no cadence before the Enquiry Committee which led to the conclusion that the pages relied upon by the Examiner. were recovered from him. He urged that there was no evidence worthy or reliance to the effect that the three pages had been recovered from the petitioner and his admission had been obtained on the questionnaire given by the squad under threat of the police, the same could not be looked into for finding against the petitioner.