(1.) THIS Special Appeal has been filed against the judgment and order dated 27.8.2004, of the learned Judge of this Court dismissing the Writ Petition, filed by the petitioner -appellant for quashing the decision dated 10.12.2003 taken by the Examination Committee of the Allahabad University (hereinafter called the University) to cancel the M.A. IInd year (Philosophy) examination.
(2.) THE facts and circumstances giving rise to this case are that the petitioner/appellant while appearing in the examination was checked by the flying squad of the University on 6th March, 2003 and a chit was recovered from his possession. His answer sheet was taken away and another answer sheet was issued to him. It was endorsed by the flying squad that the chit was recovered from the pocket of the appellant. Subsequently, on the basis of recovery of the unauthorised material, a show cause notice dated 6.3.2003, was issued to the appellant -petitioner as to why his examination be not cancelled for using unfair means. The appellant -petitioner submitted reply to the aforesaid show cause notice and after considering the same, the Examination Committee cancelled the examination of the year 2003, in terms of Ordinance 1.6 -A1 of the Ordinance framed by the University relating to use of unfair means in the examinations.
(3.) ON the contrary, Shri R.G. Tripathi, learned Counsel appearing for the respondents has submitted that it is enough to recover a material from the possession of the examinee as it is strictly prohibited to enter into examination hall with any such material. It is not at all relevant as to whether the chit etc. found from the possession of the examinee had been used by him or not, or whether it was of any help to him; mere taking such a material in the examination hall would amount to using unfair means. The appellant had been given a show cause notice and he had submitted the reply. Therefore, it is not permissible for the appellant to advance the argument of violation of the principles of natural justice.
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