MAHENDRA TRIPATHI Vs. ALLAHABAD UNIVERSITY ALLAHABAD

JUDGEMENT

(1.) The petitioner appeared in B. Sc. Part I examination, 1996 conducted by the University of Allahabad. He was a regular student of C.M.P. Degree College - a College affiliated to the University of Allahabad. His roll number was 113476. On 31-8-1995 during the course of examination in Chemistry 3rd paper, the petitioner was caught by Flying Squad and certain material "three printed pages both sides" was recovered from him and his answer sheet was accordingly seized by the Flying squad and another answer sheet was supplied to him. He was given printed notice of using unfair means in the examination and his signature obtained on the second page of the notice forming part of the answer book. The room-invigilator under his own signature made an endorsement "caught by the University Flying Squad" on the first page of the notice which was attested by the Chief Invigilator and the Examination Superintendent/Principal, C.M.P. Degree College, Allahabad. On the answer book also an endorsement "caught by the University Flying Squad'' the printed pages both sides recovered from the student" was made under the signature of B. K. Srivastava on the first page of the answer book which is meant for noting down the marks obtained by the examinee. All these formalities were done in the Examination Hall itself.

(2.) The petitioner was later on served with a notice dated 9-10-1995 (Annexure-3 to the writ petition) stating therein that while taking examination in Chemistry 3rd paper of B.Sc. Part I, he was found using "unfair means" "three pages of printed material" and called upon to show cause by 9-10-1995 as to why his examination be not cancelled and why should he not be debarred from appearing in the examinations of the University in the coming years. The petitioner, it is stated, submitted his reply on 17-10-1995 stating therein that on 31-8-1995 during the course of examination in Chemistry 3rd paper, the Flying Squad came and conducted search of his person and a member of the Squad snatched his answer book without disclosing any reason and he was also made to sign on a printed form and later on he was told that three printed pages were found from behind his seat. The petitioner denied recovery of any kind of unauthorised printed material from him.

(3.) Upon consideration of the reply submitted by the petitioner the University found him guilty of possessing unauthorised material and accordingly cancelled his B. Sc. Part I examination, 1995 and communicated the decision to him vide letter dated 28-2-1996. It is the decision contained in the letter 28-2-1996 which is the subject matter of impugnment in the instant writ petition.