RAJESH MISRA Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) This appeal is from the judgment and order dated 3rd July. 1998 passed by the learned single Judge dismissing Civil Misc. Writ Petition No. 12731 of 1998 filed by petitioner-appellant, challenging the order dated 2nd March, 1998 by which his result of B. A. Part II Examination of 1997 was cancelled by way of punishment for using unfair means at the said examination.

(2.) This appeal was presented before the Stamp Reporter without certified copy of the impugned order dated 2nd March, 1998. The appeal came up before us for hearing on 6th July, 1998. After hearing counsel for parties, the case was adjourned for the next date and a direction was given that the copies of the impugned judgment shall be prepared and shall be given to the learned counsel for the parties. On 7th July, 1998, learned counsel for the parties agreed that the appeal may be finally disposed of at the stage of admission. The case was, accordingly, fixed for 13th July, 1998 and it was directed that the record of the ease shall be produced before the Court on that date. The case could ultimately be heard on 15th July, 1998. Sri A.B.L. Gaur, learned counsel appearing for the University placed before us the original record pertaining to this case.

(3.) Facts, in brief, giving rise to this appeal are that the petitioner appellant appeared in B.A. Part II Examination conducted by the University of Allahabad (hereinafter referred to as "University') with Roll No. 76559 from the centre Ishwar Saran Degree College, affiliated to University. Petitioner-appellant was a regular student of the aforesaid college. On 8th August. 1997, while petitioner-appellant was answering 1st Paper of Ancient History, the flying squad of the University entered in the Examination Hal! and recovered 14 printed pages of Aakansha Sure Series (B. A. Part 11) allegedly from the desk or chair of the petitioner. Form Part I prescribed for the use of unfair means was filled same day which was signed by the Principal of the said Degree College as well as by petitioner-appellant and answer book supplied to him was taken and he was given another answer book for answering remaining questions. A notice dated 18th November, 1997 was served on petitioner-appellant to submit his explanation by 28th November. 1997 regarding the recovery of 14 printed pages. Petitioner submitted his reply wherein he stated that he did not keep with him any paper nor he used them but petitioner was answering the questions peacefully when the flying squad entered in the Examination Hall. The other students on noticing the arrival of flying squad started throwing the papers. From out of such papers thrown by other candidates, flying squad took the one and alleged that it belonged to appellant. He tried his best to explain. However, when they could not be persuaded, then he accepted the second copy and continued to answer the examination paper. The Examination Committee did not accept the explanation of petitioner and by order dated 14th January. 1998 cancelled the result of the petitioner appellant in B. A. Part II Examination of 1997 which was communicated to him by Deputy Registrar (Examination) on 2nd March, 1998 aggrieved by which, petitioner filed Civil Misc. Writ Petition No. 12731 of 1998 under Article 226 of the Constitution which has been dismissed by the impugned order dated 3rd July, 1998. Hence this appeal.