JYOTI PRAKASH PANDEY Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) A notice to show cause was issued by the respondent University to the petitioner on 9th October, 1995 (Annexure I to the writ petition) alleging that "hand-written small paper" was found in possession of the petitioner. The petitioner submitted a specific reply alongwith the report of the Superintendent of the Examination Centre categorically denying that unauthorised material was found in his possession. By order dated 7th February, 1996, the petitioner's result of B.Sc. Part I Examination for the year 1995 was cancelled on the ground that a hand-written chit was found in the Answer Book of the petitioner though the same was not used in answering any of the question. The said order dated 7th February, 1996 has been challenged by means of the present writ petition.

(2.) MR. Arun Tandon, learned counsel for the petitioner, refers to relevant provisions of the Allahabad University Ordinance in support of his contention and contended that the chit alleged to have been found in the answer script cannot be said to be a possession of unauthorised material nor the petitioner may be termed as a candidate found in possession for the purpose of adopting unfair means by the petitioner. Inasmuch as according to him, finding of chit in the answer book at a much later date outside the Examination Hall does not come within the ambit of the specific provision of Chapter XXVIII of the University Ordinances particularly in view of the definition contained in Clauses 1.2 (A), (B) and (D) and Clause 1.3. Therefore, the order impugned cannot be sustained. He also challenges the show cause notice on the ground that it has not disclosed any fact on account of which the petitioner was unable to give appropriate reply and defend his cause.

(3.) CHAPTER XXVIII of the said Ordinances which deals with use of unfair means is quoted below so far as it is relevant for our present purpose :