AMIT YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the parties' counsel. Counter affidavit filed by the respondents is taken on record. Petitioner's counsel does not want to file rejoinder affidavit. It has been submitted by the petitioner's counsel that petitioner was caught for using unfair means in the 5th Semester examination but the respondents had on their own, permitted the petitioner to pursue the studies of 6th Semester. The petitioner appeared in the 6th Semester examination. However, he appeared in one paper but he was restrained to appear in the remaining papers. In Paras 3,6 and 7 of the counter affidavit it has been categorically stated that the petitioner's examination of 5th Semester was canceled by impugned order dated 5.5.2009. Copy of the order was served on the petitioner. However, petitioner's counsel submits that it was served on the petitioner on 24.4.2009. However, facts remain that the petitioner's 5th semester examination was canceled under UFM Ordinance hence the petitioner does not seem to be justified to pursue the studies of 6th Semester. Once the examination of 5th semester was canceled by respondents university then submission of respondent counsel that under the ordinance and statue of the university the petitioner is not entitled to appear in the 6th semester examination. The averment contained in the counter affidavit is not denied by the petitioner. Keeping in view the fact that the outcome of 5th Semester examination was canceled on account of use of unfair means and nothing has been brought on record and attention has not been invited towards any material on record which may indicate that cancellation of the examination of the 5th Semester is per se illegal or is an act of and arbitrary exercise of power. In view of above, petitioner does not seem to be entitled to appear in the 6th Semester examination. Respondents had rightly taken decision not to permit the petitioner to appear in the 6th Semester examination. So far as cancellation of 5th semester examination is concerned learned counsel for the petitioner has not denied the material brought on record by filing rejoinder affidavit. On account of unrebutted factual averments contained in the counter affidavit there appears to be no good ground to set aside the impugned order by which petitioner's result of 5th Semester was canceled by the respondents. Respondents had not acted in violation of any statutory rules or regulations while canceling examination of 5th Semester. It has been submitted by the respondents counsel that petitioner has not been debarred for future examination and it is open for the petitioner to appear in the 5th Semester examination again as well as future examination. Keeping in view the statement made by respondent's counsel there appears to be no hindrance in petitioner's way to appear in the 5th semester examination as well as future examinations again. Subject to above, writ petition devoid of merit. Dismissed.