GYANESHWAR Vs. VICE

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution of India.

(2.) Briefly, the facts giving rise to the petition are as follows : The petitioner was student of law II year in Ambika Pratap Narain Degree College, Basti. This College is affiliated to the University of Gorakhpur. The University held LL.B. Semester Examination on 16th of Aug., 1978 in the Company Law paper. The petitioner appeared in the said examination. The University declared the result of the said examination in Dec., 1978 but the petitioners result had been withheld by the University on the ground that he had used unfair means.

(3.) Thereafter on 11th of Aug., 1979, a notice was issued to the petitioner asking him to show cause as to why the result of his examination should, not be cancelled and he be debarred from appearing in the future examination of the University. He was further asked by the said notice to give his explanation by the 18th of Aug., 1979. On 26th of Sept., 1979 the petitioner appeared in person before the committee constituted to consider the cases of unfair means as required by Sec. 29 of the U.P. State Universities Act. On the same day a decision was taken by the Committee that the result of his examination of 1978 be cancelled and he be further debarred from appearing in 1979 examination. This order was communicated to the petitioner by a letter dated 5th of Oct., 1979.