SARITA Vs. SANT GADGE BABA AMRAVATI UNIVERSITY

JUDGEMENT

(1.) Whether the performance of a student at a particular examination could be cancelled and consequential orders could be passed in view of the cancellation order, without granting an opportunity to the said student, is the question that arises for consideration in the instant petition.

(2.) Rule. Rule is made returnable forthwith. The petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.

(3.) The Petitioner, An Assistant Professor And Also A Member On the Board of Studies, had appeared as an examinee in M.A. PartI examination in Marathi subject, conducted by the respondentAmravati University. The examination centre for the petitioner was C.M. Kadhi Kala Mahavidyalaya, Paratwada and the roll number of the petitioner was 02674. While the petitioner was solving the paper of 'Arvachin Kavita' on 19.04.2014, the invigilator found a chit near the desk of the petitioner and a complaint was registered against the petitioner for using unfair means at the examination. The matter in respect of the alleged use of unfair means by the petitioner at the examination was considered by the Unfair Means Enquiry Committee behind the back of the petitioner. The petitioner was neither served with a show cause notice nor was an opportunity of personal hearing granted to the petitioner. Without any opportunity, by the notification dated 29.09.2014, that is impugned in the instant petition, the performance of the petitioner for the Summer2014 examination was cancelled on the ground that the petitioner had resorted to unfair means. The petitioner submitted an application for reviewing the said punishment, on 21.05.2015. The first and the foremost ground raised by the petitioner in the said review application was that the order debarring the petitioner from Summer2014 examination could not have been made without granting an opportunity to the petitioner. The review application was, however, rejected on the ground that it was not filed within the period prescribed by the rules. Since according to the University, it was unbecoming on the part of an Assistant Professor and a Member on the Board of Studies to practice unfair means at the examination, an order imposing the additional punishment of debarring the petitioner for one year from conducting any examination work of the University, was made on 16.04.2015 after hearing the petitioner. The petitioner ceased to be the Member of the Board of Studies in Music vide the impugned notification dated 04.06.2015. The orders dated 29.09.2014, 16.04.2015 and 04.06.2015 are impugned in the instant petition.