ATHARVA ANIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the stage of admission.

(2.) The petitioner approaches this Court under Article 226 of the Constitution of India with following prayers:-

(3.) The petitioner contends that he is a student and admitted to the College of Veterinary and Animal Science, MAFSU, Parbhani in the academic year 2021-2022 through merit position in NEET examination. The petitioner passed 1st year of Bachelor of Veterinary Science and Animal Husbandry (B.V. Sci. and A.H.) course. The petitioner appeared for second year examination of academic year 2022-2023 in the month of December 2023. On 9/12/2023, he attended the written examination in the subject of Animal Genetics and Breeding - IAGB. While he was in the process of writing his paper, his answer sheet was seized by the Invigilator with allegation of malpractice. The petitioner received the impugned communication dtd. 11/12/2023 containing the order passed by the Associate Dean of the College declaring him to be failed in the subject of Animal Genetics further debarring him from appearing in the compartmental examination of ensuing session. The petitioner made representation in the form of appeal to the University, however, the same remained undecided. According to the petitioner, he has been subjected to double punishment. Firstly, he is declared as failed in the subject of Animal Genetics, secondly, he is deprived from appearing in the compartmental examination, which is contrary to Article 14 and 21 of the Constitution of India. The petitioner contends that the relevant Rules enabling double punishment are unconstitutional. The Action taken against the petitioner relying upon such Rules is invalid and liable to be quashed and set aside.