UMESH CHANDRAA PATHAK Vs. GORAKHPUR UNIVERSITY AND ORS.

JUDGEMENT

(1.) This petition connected with others has questioned the validity of an order dated 27th Sept., 1980 cancelling the petitioners result of LL.B. Part II for the year 1979 and further debarring Him from appearing in the examination of the next year 1980.

(2.) The petitioner was a student of Sant Vinoba Degree College, Deoria, which was affiliated with the Gorakhpur University. The petitioner was a student of LL.B. Part II in the year 1979. The results of about sixty students, which included that of the petitioner also, were cancelled by the Gorakhpur University on the ground of use of unfair means at the examination. The petitioner received a primed charge-sheet dated 3- -1980 calling upon him to snow cause to the two charges stated in the same. The first charge was that the petitioner had used unfair means while answering question no. 7 of the property Law paper white the second was that he had copied question no. 8 (1) from pages 279 and 280 of Dr. Tripathi's book. the petitioner submitted a reply to the charge-sheet and denied that he was guilty of using unfair means. The Sub-Committee appointed by the University considered the explanation of the petitioner and found the same to be unacceptable. On the finding that the petitioner used unfair means at the examination referred to above, the Sub-Committee cancelled his examination of the year 1979 and further debarred him from appearing in the examination of the year 1980. Against the aforesaid order, the present writ petition had been filed.

(3.) A counter-affidavit has been filed on behalf of the Gorakhpur University admitting that Sant Vinoba Degree College, Deoria was its affiliated College and the LL.B. Examinations had bee a conducted by the University. The allegations made further were that on 6th April, 1980, a flying squad consisting of Sri R.A. Singh, Karunakar Tripathi, Sri Pohari Saran, Sri R.Y. Dennis, Sri S.K. Pandey, Sri Yogendra Singh, Sri Kanhaiya Ojha, Sri W.N. John and Sri Daya Nath Tripathi, who were teachers of the University, went to inspect the examination of the aforesaid College. The flying squad of the tellers was accompanied by four armed constables. The flying squad found that the candidates appearing in the examination were throwing books from the windows of the halls. Out of those books thrown the flying squad seized 35 from various students The allegations made in this regard further were that as soon as the flying squad proceeded cowards the hail known as Canteen the students started manhandling the members of the flying squad and snatched all the answer books seized by the members of the flying squad. They started chasing the members of the living squad as also the police constables and resorted to brick bats. The students tried to snatch the rifles of the police constables.