MANISH SARIN Vs. MAHATMA GANDHI KASHI VIDYAPEETH VARANASI

JUDGEMENT

(1.) The petitioner's result of M.A. (I) examination was cancelled by on order dated 8- 11-1995, by reason where of the petitioner was not allowed admission in the second year class. By means of present writ petition the petitioner has challenged the inaction on the part of respondents to admit him in the second year class despite the fact that the petitioner, was asked to come for admission in the second year examination (Annexure-5 to the petition) for which the petitioner had served a notice on 27-2-1996. In the writ petition the petitioner has alleged that there was no reason for non-declaration of his result and that he had never used any foreign material in the examination nor he was confronted with the alleged chit. It is also alleged that he was not given any opportunity before the decision was taken. The petitioner, however, admitted that a notice was served on the petitioner (Annexure 3 to the petition) alleging that he had used some chit in the examination. By the said notice the petitioner was asked to submit his reply. The petitioner submitted his reply on 17-8-1995 (Annexure 4 to the writ petition). According to the petitioner he was never called for in the inquiry or to submit any explanation. On the contrary he received a notice on 24-10-1995 requiring him to come for admission as indicated above. But ultimately when he went for admission on 6-11-1995 the petitioner was told that his result was not ready. When he was not admitted, he issued the said notice dated 27-21996.

(2.) In the counter-affidavit the respondents had alleged that the petitioner was found copying from the hand-written chit which contained material concerning the particular paper and the said 'chit' was recovered from his possession after being caught red-handed while copying from the hand-written chit. The head of the department also submitted a report. After considering the said report and reply of the petitioner the sub-committee in its meeting dated 8-11-1995 decided to cancel the whole examination of the petitioner and accordingly the petitioner's examination of M.A. (I) year in 1995 in the subject of Industrial Relations and Management and Social work was cancelled by the University. The petitioner was aware of the actions taken against him by the Examination Committee on 8-11-1995. Chapter 10 of the Ist Statute of the University as amended on 28-5-1993 provides in para 3(2) (ka) the action to be taken upon the students being found in possession of unauthorised material.

(3.) In the rejoinder-affidavit the petitioner has stated that he had never copied and it was not known to him in respect of what topic and subject the chit was concerned. He was never confronted with its contents. He was never caught red-handed. The report was never shown to him. The decision of the Committee was never communicated to him. He was not aware of the said order.