KESHAV PRASAD YADAV Vs. BANARAS HINDU UNIVERSITY

JUDGEMENT

(1.) Keshav Prasad Yadav, petitioner herein has taken recourse to the remedy under Article 226 of the Constitution to seek quashing of an order dated l 2-9-95 passed by Controller of examinations, Banaras Hindu University, Varanasi whereby petitibner'sB.Com.(Hon.) Part III,1994-95 examination has been cancelled on the ground of misconduct.

(2.) Petitioner is a regular student of D.A.V. Degree College, Varanasi; an affiliated college of the University. He passed Part I and Part II examinations of B.Com. (Hon) from D.A. V. College and in 1994-95 he appeared in B.Com.(Hon.) Part III examination which was scheduled to be held between 19-7-95 and 16-8-95. On 28-7-1995 petitioner appeared in Elective A Paper III in the college centre. Though it was reported to the university by the centre superintendent that petitioner ran away on 28-7-95 from the examination hall without depositing his answer book which was given to him in the examination hall but petitioner unabated appeared in the following examinations on 3-8-95, 8-8-95 and 14-8-95 and also in the interview (viva-voce) which was held in the last on 16-8-95 as per examination schedule. Petitioner was served with a show cause notice dated 12-8-95 accusing him of misconduct with the allegation that he ran away with his answer book of Elective A III Paper on 28-7-85 the notice which is annexure 5 to the writ petition reads as follows :-"Registered BANARAS HINDU UNIVERSITYOffice of the Controller of Examinations Ref No. CE/U-95/317Dated 22-8-95 Shri Keshav Prasad YadavK 61/109 Saptsagar Bulanala Varanasi-IExamination : Elective A, Paper III of B.Com. (H.) Pt. III Exam. 1995Held on 28-7-95 Roll No. 4754 I have been reported that you appeared in the above mentioned examination, An answer book for the day's examination was issued to you. You did not deposit the said answer book to the invigilator on duty and left the examination hall taking with you the answer book issued to you.The above acts constitute breach of discipline and misconduct.You are hereby asked to show cause why disciplinary action be not taken against you. Your written reply should reach the undersigned on or before 30-8-95 failing which it will be presumed that you have nothing to say in the matter.CONTROLLER OF EXAMINATIONS" Copy for information to :1/ The Principal, D.A.V. Degree College, Varanasi.2/ Shri Chaman Lal YadavK 61/109 Saptsagar, Bulanala Varanasi.CONTROLLER OF EXAMINATIONSAfter receiving the notice petitioner filed his straight forward reply denying the accusation that he bled away with the answer book; he asserted that as usual he deposited his answer book with the concerned invigilator within the examination time, the reply given by petitioner is as follows :Dated 28-8-95FromKeshav Prasad YadavK. 61/109 Saptnagar, BulanalaVaranasiTo The Controller of Examinations Controller of Examinations Office B.H.U. Dear Sir,Ref : Your letter No. GE/U-95/317 dated 22-8-95I, am Keshav Prasad Yadav was a bonafide and a regular student of D.A.V. Degree College, B.H.U.The Charge against me that I did not deposit the answer book of the Elective A, Paper III of B.Com.(H.) Part III Examination, 1995, is totally baseless and false.On the above mentioned date (28-7-95, as the regular practice I got an answer book and within the time of examination I submitted the answer book to the concerned invigilator on duty. And it is also a factless and blunder charge that I left the examination hall taking with my answer book.I cleared my position very thoroughly and factly, so I think that you will not take any disciplinary action against me.Looking forward for an early and favourable step.Yours Sincerely,(Keshav Pd. Yadav.)" The matter against petitioner was taken up by the university as a case of use of unfair means in the examination. Accordingly, the unfair means committee recommended cancellation of petitioners' 1994-95 examination and administration of severe warning. Accordingly the controller; respondent no. 2 issued the order awarding the punishment to the petitioner on the lines as recommended in the writ petition. Thereafter, petitioner sought clarification and also expressed his anguish against the punishment given to him. He also prayed that he may be allowed to appear in the supplementary examination of Elective A, III Paper of B.Com.(Hon.) Part III which was scheduled to be held on 23-11-95, but the university rejected his request on the ground that in the light of the punishment awarded to him he was not eligible to appear in the supplementary examination and further that the University Rules too did not permit petitioner's appearance.

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