BASANT KUMAR Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) The petitioner, Basant Kumar filed the present writ petition challenging the letter issued to the petitioner from the University of Allahabad informing him that in accordance with the provisions contained in the Ordinances on the use of unfair means and of causing disturbances in Examination, You have been awarded following punishment for attempting/using unfair means at the B. A. II Examination 1992:"Cancellation of your result of B. A. II Examination of 1992 and also debarment from corresponding (and any other) subsequent examination of 1993."The petitioner has stated in his writ petition that no opportunity was afforded to the petitioner before coming to the conclusion that the petitioner was guilty of using unfair means and the impugned order has been passed in retaliation, as the petitioner has filed writ petition in this Hon'ble Court being writ petition No. 12896 of 1993, seeking permission of the High Court to appear in the Examination of B. A. Part-II, as no decision was taken by the University authority in the show cause notice issued to the petitioner alleging that the petitioner has been caught red handed for copying by the Flying Squad.

(2.) The petitioner has stated in the writ petition that a show cause notice was served on the petitioner dated 1-9-1992 wherein the petitioner was asked to explain the charge as to why action should not be taken against the petitioner for using unfair means on 25-6-1993 when the petitioner was solving Hindi first paper in B. A. IInd year Examination of 1992. In the aforesaid notice it was mentioned that both side handwritten chit was found on his table. It was mentioned in the notice that the petitioner's examination can be cancelled for the relevant year and petitioner can also be debarred from appearing in the examinations in subsequent years.

(3.) The petitioner has given reply to the aforesaid notice wherein the petitioner has stated that the Flying Squad came within 15 minutes of the beginning of the examination on 22-6-1992 and the chit lying below the table of the petitioner, was tagged with his answer book. The chit was thrown by some other student as soon he saw the flying squad. The petitioner submitted that he has no connection with the aforesaid chit and he is innocent in the matter.