SANJAI BHATNAGAR Vs. MEERUT UNIVERSITY

JUDGEMENT

(1.) PLAINTIFF appellant was a student of B. A. in the year 1983-84 in Nanak Chand Anglo Sanskrit Degree College, Meerut which was affiliated to Meerut University. His Roll Number was 560248. He had appeared at the B. A. Final examination and his result was cancelled on the ground that he was found guilty of using unfair means. The plaintiff had challenged the decision on the ground that he was not afforded any reasonable opportunity to explain his stand, therefore, the suit for declaration that the decision of the sub-Committee regarding cancellation of the plaintiff's examination of May, 1984 is void.

(2.) THE claim of the plaintiff was contested by the University on various grounds as is evident from the issues framed in the trial court's judgment. THE trial court through its judgment dated 31-8-1985 accepted the claim of the plaintiff and granted the declaration sought for. Aggrieved by the decision of the trial court, Meerut University preferred an appeal which has been allowed by the first appellate court through its judgment dated 28-1-1986. Against tbe judgment of the appellate court the plaintiff has preferred the above noted second appeal.

(3.) THE appellate Court while setting aside the judgment of the trial court has placed reliance upon the ruling reported in 1981 U.P. L.B.E.C 361 and in my opinion the lower appellate Court has misconstrued the scope of section 69 of the U. P. State Universities Act, 1973. THE learned Judge in the aforesaid ruling has indicated in para 7 as below :