DEEPAK SRIVASTAVA Vs. VICE CHANCELLOR ALLAHABAD UNIVERSITY

JUDGEMENT

(1.) -By way of present petition, the petitioner has sought relief of a writ of mandamus directing the opposite parties to declare the result of the petitioner of LL.B. First Year, First Semester Examination, 2006 and further not to prevent him to face viva voce. The further relief is for a writ of certiorari quashing the impugned order dated 3.4.2006 whereby petitioner's result dated 3.4.2006 of LL.B. first Year, 1st Semester examination 2006 was cancelled.

(2.) THE facts forming background are that while appearing in 1st Semester Examination, 2006 of LL.B. First year from Allahabad Degree College, it is alleged, the petitioner was caught by the Flying Squad possessing crib-notes (hand written piece of paper). THE said piece of paper used for cribbing was appended to the answer script of the petitioner. It would further appear from the record that by means of letter dated 17.1.2006, the petitioner was called upon to show cause why the result of his first semester examination, 2006 be not cancelled. THE reply to show cause was sought to be submitted by 27.1.2006. THE precise charge contained in the letter aforesaid reads as under : "Caught by flying squad with one and half handwritten page found from the hand of the candidate." THE reply submitted by the petitioner to the show-cause notice aforesaid quintessentially was one of denial further stating therein that the piece of paper imputed to have been recovered from his possession had in fact been found by the Flying Squad from the back of the Bench occupied by the petitioner and he had nothing to do with the piece of paper. He further replied that he had no knowledge about the contents of piece of papers. In the latter part of the reply, the petitioner dwelt upon certain miseries, which his family was encountering and ultimately prayed for benign consideration. Subsequently, the petitioner was served a letter from the University of Allahabad intimating him that he has been awarded punishment of cancellation of his result' for the First Semester Examination, 2006 of the LL.B, first year. It is in this backdrop that the petitioner has instituted the present petition.

(3.) FROM a perusal of the original record, it would crystallize that the charge of using unfair means relates to 16.1.2006 on which date the petitioner had appeared to attempt II paper of Law of Torts. Further, it crystallizes from a perusal of the report of examination Superintendent, Allahabad Degree College that the petitioner was caught by the Flying Squad. It would also appear from the record that statement of petitioner was recorded the same day in which he denied any recovery of any crib-notes from his possession stating further that the material in question had indeed been found lying at the back of the Bench and it was quite illegally foisted upon him alleging that it was not recovered from his possession and was rightly appended to his answer script. He clearly stated in his statement that he neither used any unfair means nor he cribbed from the material appended to his answer script. It has been further stated that while the petitioner was attempting questions of II paper of Law of Torts, the flying squad recovered the unauthorized material from the back of the Bench stating further that he has been wrongly and illegally roped in by the Flying Squad.