MANISH KUMAR GUPTA Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) SUDHIR Narain, J. The petitioner seeks writ of certiorari quashing the order dated 23-9-1996 whereby the result of the petitioner of B. Com. Part III Examination 1996 was cancelled and he was further debarred from appearing in examination of 1997.

(2.) THE petitionerappearedinb. Com Part III Examination 1996, with Roll No. 1517 as a regular candidate. THE petitioner was given a show cause notice by Control ler of Examination and Examination Su perintendent of 17-7-96 as to why his ex amination result should not be cancelled for using unfair means, the petitioner sub mitted a reply on 26-7-1996 before the Controller of Examination, University of Allahabad. THE matter was examined by respondent No. 3 and finally the petitioners' result of B. Com. Part III was cancelled by order dated 23-9-1996 and he was further debarred from appearing in 1997 examination. This order has been challenged in the present writ petition.

(3.) THE second submission of learned Counsel for the petitioner is that the petitioner was given notice dated 17-7-1996, Annexure-1 to the writ petition, and in the said notice it was not indicated that the petitioner had used any unauthorised material while answering question No. 6 of B. Com. Part III, Labour Law. A perusal of the notice indicates that the petitioner was charged that while answering the paper on Labour Law on 22-6-1996, he used un authorised material, four pages written on both sides. THE petitioner submitted reply on 26th July, 1996 and he admitted that a Flying Squad had taken the answer book from him when he had gone to bath room and when he came back he did not find that answer book on his seat and if any un authorised material was found on his seat, he had no concern with it. THE petitioner was given show-cause notice that he had used a chit, four pages written on both sides, while answering the questions on Labour Law paper. THE petitioner had denied the fact that he had used any material while answering any question of Labour Law. THE material placed before me is four pages written on both sides and it has been used in answering question No. 6 of Labour Law, B. Com. Part III ex amination. If a candidate is given show cause notice indicating that he used un authorised material in answering a par ticular question papers and he denies the charges, but he is found to have used such unauthorised material, he cannot be said to have been prejudiced merely because question number of the Examination paper was not mentioned in the notice.