BINIT CHANDAN Vs. VICE CHANCELLOR ALLAHABAD UNIVERSITY ALLAHABAD

JUDGEMENT

(1.) BY means of the present petition, the petitioner has sought the relief of a writ of certiorari quashing the order dated 7.7.2006 passed by respondent No. 3 and also a further relief of a writ in the nature of mandamus directing the respondents to declare the result of M.B.B.S. Final Year 2006.

(2.) THE facts forming background are that on 15.2.2006, while the petitioner was answering question paper relating to surgery subject, it is alleged, he was caught by the Flying Squad possessing crib-notes (handwritten piece of papers). 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 16.2.2006 ; the petitioner was called upon to show cause by 27.2.2006. THE precise charge contained in the letter aforesaid reads as under : "Caught by flying squad with (19) nineteen hand-written pages." THE reply submitted by the petitioner to the show cause notice aforesaid quintessentially was one of denial further stating therein that scrip of paper was lying underneath his seat which the flying squad picked up and appended to the answer script. He further submitted that he had no concern with the aforesaid scrip of paper. He also denied to have copied from the piece of papers recovered by the flying squad from underneath the seat of the petitioner. He further submitted that the unauthorized material was not utilized by him for answer of any of the questions. Subsequently on 17.7.2005 the petitioner was intimated that he has been awarded punishment with cancellation of his result of M.B.B.S Final examination for one year for attempt/using of unfair means at the M.B.B.S. Final examination of 2006. It is in this perspective that the present petition has been instituted.

(3.) FROM a perusal of the original record, it would crystallize that the charge of using unfair means relates to 15.2.2006 on which date the petitioner had appeared to attempt Surgery 1st paper of M.B.B.S. Final year examination 2006. It would further appear that a note is appended on the margin of answer script intimating that the petitioner was caught by the Flying Squad with nineteen pages. 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 beneath the Bench and it was quite illegally foisted upon him alleging that it was not recovered from his possession and was illegally 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 Surgery 1st paper of M.B.B.S Final Year Examination 2006, the flying squad recovered the unauthorized material from beneath the Bench stating further that he has been wrongly and illegally roped in by the Flying Squad.