SANDEEP MOOKERJI Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) The petitioner appeared in the L.L.B. Part II examination for 1985 which was held by the University of Allahabad in April/May, 1986. On 5th May, 1986 the petitioner appeared in paper No. V (Transfer of Property Act) in the examination held in the centre of C.M.P. Degree College. Petitioner's result was withheld by the University. Thereafter it appears that the petitioner approached the University authorities to find out the reason as to why his result was withheld. On 17-10-1986 an application was made to the Registrar by the petitioner stating therein that he was not got caught for using unfair means and as such his result should be declared. It appears that on that very day the Registrar informed the petitioner that his result has been withhold due to use of unfair means and consequently it was directed that a duplicate copy of the notice may be issued to him. A duplicate copy was issued to the petitioner on 18-9-1986 which has been attached as Annexure-2 to the writ petition. In this notice the charge which has been levelled against the petitioner is in the following terms:-

(2.) The University has produced the original record and from the decision of the Examination Committee we find that the following order was passed by it:-

(3.) It is apparent from the order that the charge which was levelled an in the petitioner has not been established at all. The Examination Committee has relied upon the application which was filed before the Registrar holding that the said application was in the hand-writing of the petitioner. This charge was never framed against the petitioner nor any opportunity was ever afforded to him to explain as to whether the said application was in the hand-writing of the applicant or not.