SANJEEV MISRA Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) SANJEEV Misra, Petitioner has filed this writ petition under Article 226 of the Constitution of India, praying for the issue of the writ of certiorari and to quash the impugned notice dated 8 -10 -1984, can ceiling his B.E (II year course in the Civil Engineering) Examination 1984, and simultaneously debarring him from appearing in the examination to be held in 1985.

(2.) THE brief facts giving rise to this petition are that the Petitioner had appeared in B.E. (II year Course in Civil Engineering), Examination 1984 under roll No. 643 from Moti Lal Nehru Regional Engineering College Allahabad, Respondent No. 2, held by University of Allahabad, Respondent No. 1 After the examination, the Petitioner was issued show -cause notice (Annexure 1 dated 26 -5 -84) alleging use of unfair means in the examination. The Petitioner submitted his reply (annexure 2 dated 26 -5 -84) to the said notice. Thereafter the Petitioner received the impugned notice dated 8 -10 -84, annexure 3, can ceiling his examination for the year 1984 and debasing him from appearing in the examination to be held in 1985. In the said notice, it was mentioned that the cases of four students involved in unfair means were finalised by the University vide letter No. (?)/SC -892/84 dated September 16, 1984, and the punishment in question was being awarded accordingly. The Petitioner sought the copy of the said letter dated 16 -9 -84 through his applications/letters dated 11 -10 -84, 15 -10 -84 and 27 -10 -84 but the said copy was not issued to him.

(3.) ALLAHABAD University, Respondent No. 1 filed counter affidavit of Shri Suhel Ahmad, Legal Assistant in the University of Allahabad, the Principal Moti Lal Nehru Regional Engineering College, Allahabad, Respondent No. 2 did not file any counter affidavit. The Petitioner also filed rejoinder affidavit.