DURGA PRASAD Vs. EXAMINATION CONTROLLER UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) Petitioner took admission in B.A. Part I and pursued his said course in academic session 1995-96. Having passed his B.A. Part II he got admission in B.A. Part III. He appeared in the examination with Roll No. 15070 conducted by the University of Allahabad through Examination Controller (Respondent). As a consequence of Petitioner being declared successful in B.A. Part II examination, he was allowed by the university to take admission in B.A. Part III course and he accordingly joined the said course. At the close of the academic session 1997-98 he was allowed to appear in examination of B.A. Part III along with all other similarly situated students without any rider. It is stated in Paragraph 5 of the Writ Petition that Petitioner appeared in B.A. Part III examination without any objection on the part of the university.

(2.) Petitioner asserts that result of B.A. Part III examinations of the petitioner has not been declared. The Petitioner however, received a letter dated 16th February, 1999 from respondent informing that his B.A. Part II examination has been cancelled and that his mark-sheet of B.A. Part II has been cancelled on the ground that he was amongst the students who were caught using unfair means while appearing in B.A. Part II examination of 1997 Petitioner was directed to return the mark-sheet of B.A. Part II vide letter dated 16th February, 1999 (Annexure-3 to the Writ Petition). Admittedly, said letter dated 16th February, 1999 was issued on the ground that petitioner was guilty of using unfair means.

(3.) Heard Sri S.P. Singh Advocate holding brief of Sri P.S. Baghel, Advocate learned Counsel for the respondent.