VIJAY BAHADUR YADAV Vs. ALLAHABAD UNIVERSITY

JUDGEMENT

(1.) The petitioner Vijay Bahadur Yadav, roll number 82151, was appearing in Political Science 1st paper of B.A. Part II, 1995 examination of Allahabad University on Saturday, the 22nd July, 1995 at C.M.P. Degree College, Centre. Allahabad. Abruptly, the Flying Squad appeared in the examination hall and snatched the answer book of the petitioner and supplied him 'B' answer book on the ground that the petitioner was found to be in possession of incriminating material in the form of 'D. Kumar's Sure Series, 1995, B.A. IIIrd Year Political Science 1st Paper'. The petitioner immediately denied to have been in possession of the aforesaid series and the explanation given by him is that when the Flying Squad entered the examination hall, the other candidates/examinees started throwing incriminating materials including hand written chits, guide books, series and key answer books, etc., and one of such books, which was thrown from behind landed on the back side of his seat and on the ground of suspicion, the petitioner was branded as adopting unfair means. A show-cause notice dated 26.7.1995, Annexure-3 to the writ petitioner was served on the petitioner. Obviously, the petitioner denied the allegations of unfair means against him and emphatically asserted that he was not using unfair means. The report of the examiner concerned dated 11.11.95 indicates that the petitioner has copied answer No. 5 from page No. 14 of the printed book let (D. Kumar's Series) which was seized from his possession. The Committee took the decision to cancel the result of the petitioner of B.A. II examination of 1995 and also debarred him from appearing in any examination of the University of the year 1996. The order of punishment dated 13.6.96 is contained in Annexure-A5 to the writ petition.

(2.) By means of this writ petition under Article 226 of the Constitution, it is prayed that the impugned order dated 13.6.1996, Annexure-A5, be quashed and the result of the petitioner of B.A. Part II examination 1995 be directed to be declared. By an interim order of this Court, the petitioner was permitted to appear in B.A. Part III examination of the University subject to the decision of the present writ petition. Now the petitioner wants to seek admission in M.A.

(3.) A counter-affidavit has been filed on behalf of the respondent-University reiterating the fact that the petitioner was caught red-handed using unfair means in the examination hall and that the printed booklet which comes within the purview of incriminating material was found from his possession. The relevant answer book of the petitioner as well as booklet seized from his possession has also been brought before this Court besides the record of enquiry.