LAWS(APH)-1971-6-6

CHINNI RAMAKRISHNA RAO Vs. REGISTRAR ANDHRA UNIVERSITY

Decided On June 21, 1971
CHINNI RAMAKRISHNA RAO Appellant
V/S
REGISTRAR, ANDHRA UNIVERSITY Respondents

JUDGEMENT

(1.) This is an appeal from the decision of our learned brother Sambasivarao, J., in Writ Petition No. 141 of 1971. The Appellant was one of the candidates at an examination held by the Andhra University for the students who completed the Second year of B.Com., degree course. On 17/04/1970 when the appellant was answering the question paper in English poetry, the Assistant Superintendent searched his pockets and found a piece of paper on which was written matter relevant to the subject of the examination.

(2.) On being questioned, the appellant admitted the mal-practice and addressed a letter to the Chief Superintendent. In that letter he confessed to having brought a piece of paper relating to English poetry examination, in spite of warnings given by the Assistant Superintendent at the outset. He also accepted the fact that the paper was in his pocket and was picked by the Superintendent on a search made by him. He further prayed for the condonation of the mal-practice and coupled it with the assurance that in future he would not be guilty of mis-behaviour.

(3.) This letter was forwarded to the University authorities along with the report of the Chief Superintendent and invigilators. The piece of paper found in the pocket of the petitioner was also transmitted to the University. Thereafter, the University decided to cancel the result of the appellant and to debar him from appearing from any examination of the University for a period of two years. The appellants request for a reconsideration of the decision by the University brought forth a negative result. He then moved this Court for issue of a writ to call for the proceedings and to quash the order of the University.