SUNDARAM SRIVASTAVA Vs. ALLAHABAD UNIVERSITY, ALLAHABAD AND OTHERS

JUDGEMENT

(1.) The Petitioner appeared in M.A. Part II examination, held by the University of Allahabad in the year 1991. He received a show cause notice dated 5-9-1991 from the Respondents, wherein he was charged with having used unfair means in the aforesaid examination, while answering Medieval and Modern History 1st paper on 22-8-91. The notice indicated that the unauthorised material which was found in possession of the Petitioner was an answer book, which bad been brought from out-side the examination hall. It was further indicated in the notice that the Petitioner s result for the year could be cancelled and he could also be debarred from appearing in any subsequent examination Notice required the Petitioner to submit his reply by 18-9-1991.

(2.) It is asserted by the Petitioner that he submitted his reply within the due time. A true copy of the aforesaid reply has been filed as Annexure-7 to the writ petition. In this reply the Petitioner had asserted that he had used the answer book which was supplied to him in the examination hall, which itself was somewhat different from the answer book supplied to other candidates. It is further asserted in the reply that a flying squad had raided the examination hall and it was thereafter that he was charged in the examination hall itself that he had changed the answer book.

(3.) It appears that the Unfair means Committee considered the evidence and materials on record and the relevant circumstance and vide the order dated 1-2-92 cancelled the Petitioner s result of B.A. Part II Examination of 1991 and also imposed the penalty of debarring him from corresponding and any other subsequent examination of 1992.