MANOJ TEWARI Vs. VICE CHANCELLOR LKO UNIVERSITY

JUDGEMENT

(1.) S. C. Verma, J. The petitioner claimed to be a student of M. A. Part-II (Arab Culture), Lucknow University, having passed in M. A. Part-I, examina tion and while appearing in M. A. Part-II examination was informed by letter dated 27-7-1994, the decision of the Admission Committee, taken in its meeting held on 25-7-1994 by which the admission to M. A. Part-I (Arab Culture), was cancelled on the ground that he had obtained, admission to M. A. Classes by submitting a forged marksheet of the Bridge Course. The petitioner was further debarred for taking admission for a period of three years.

(2.) AGGRIEVED by the above action of the respondents, the petitioner has assailed the order of expulsion in the present petition under Article 226 of the Constitution and has prayed for quashing the same. The petitioner who had passed his B. A. Part-I and Part-II examinations from Lucknow University and is alleged to have done Bridge Course from Baba Raghav Das Post Graduate College, Deoria, affiliated to Gorakhpur was admitted to M. A. Course in the subject of Arab Culture. The petitioner after admission and after he passed the M. A. Part-I examination, was allowed to appear in M. A. Part-II examination. The Admit Card for M. A. Part-II examination was issued in his favour and after he had appeared in two papers of M. A. Part-II examination, the impugned action has been taken.

(3.) THE respondents were directed to supply a copy of the expulsion order which was later on supplied to the petitioner with a note that the copy of the order was sent at his home address at Gomti Nagar, Lucknow. THE con tentions raised on behalf of the petitioner may be summarised : (1) No enquiry or any show-cause notice was ever conducted or issued by the opposite parties to the petitioner and the proceedings, if any, were done behind his back. THE petitioner was not made aware of any charge nor he was apprised of the material which was being used against him nor any explanation was called from him before taking the impugned action. (2) THE respondents have only required the petitioner to furnish the original mark-sheet of Bridge Course of B. A. Examination. After the original mark-sheet was submitted alongwith the letter dated 22- 7-1994, the petitioner was not called upon to give any expla nation not marksheet submitted alongwith the letter dated 22-7-1994 was considered by the respondents. (3) THE correspondence between the Lucknow University and Gorakhpur University and the material furnished by the Gorakhpur University indicating that the mark-sheet submitted by the peti tioner was forged was not in the knowledge of the petitioner nor he was made aware of the same by the respondents and no expla nation whatsoever was called with regard to report submitted by the Gorakhpur University. THE impugned action is in utter viola tion of the principles of natural justice, without affording any opportunity whatsoever, as also mala fide and without juris diction. (4) THE admission Committee defined under Section 28 of the State Universities Act under sub-section (3) laid down the principles and norms governing the policy of admission to various courses of studies in the Universities. THE provisions of the Act and Statutes do not confer any authority in favour of said Admission Committee to cancel the admission and expel an already admitted student to a course. THE Ordinance framed under Section 51 also do not contemplate for any action to be taken by the Admis sion Committee for cancellation of an admission already granted to a candidate, THE impugned action has not been taken by the Disciplinary Committee or the Executive Council or by the Vice- Chancellor or in exercise of their powers, given under the provi sion of the State Universities Act and the Statutes framed there under. (5) THE admission to M. A. Part-I cannot be cancelled subsequently after the petitioner had already passed M. A. Part-I examination and was appearing in M. A. Part-II examination. THE impugned action has been taken in haste only to accommodate and appoint the loosing candidate Sri Arvind Singh Gope as President of the University Students Union for mala fide reasons.