RAJ KUMAR SINGH Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) THIS is a writ petition under Arts. 226 and 227 of the Constitution of India for issue of a writ, order or direction in the nature of certiorari quashing the order in Annexure-IV communicated by the Deputy Registrar University of Allahabad, cancelling the petitioner Raj Kumar Singh's result of B. A. Part II examination of 1990, for issue of direction in the nature of mandamus directing the respondents to declare the petitioner's result of B. A. Part II examination of 1990 and to allow the petitioner to appear in B. A. Part III examination of 1990.

(2.) THE facts of the case briefly stated are that the petitioner appeared in B. A. Part II examination held by the respondents in year 1990. THE roll number allotted to him was 44160. On 21-7-90 the petitioner was appearing in the examination of first paper of Philosophy and was busy in answering the questions in the copy supplied to him. A flying squad entered the room. It appears that some other student sitting in the same room threw away half page of printed material which came near the desk of the petitioner. THE flying squad found the said half page of printed material from near the desk of the petitioner. THE flying squad alleged that the aforesid half page of the printed material was found near the petitioner and, therefore, the petitioner was fastened with the liability of possession of unauthorised material. THE petitioner tried to explain the entire situation, but the flying squad was not convinced by the petitioner's oral explanation. THEreafter some signatures were obtained from the petitioner on some forms with blank spaces. THE petitioner was not aware of what was written by the authorities on the spot in the said room. It is alleged that the aforesaid half page of printed material was not found either from the body of the petitioner or from the desk of the petitioner or from within the copy of the petitioner. After the said incident copy 'a' of the petitioner was taken by the invigilator. THEreafter the petitioner was supplied with a copy 'b'.

(3.) HEARD the learned counsel for the parties and perused the record.