PRETISH CHANDRA DUTTA Vs. UNIVERSITY OF SAUGAR

JUDGEMENT

(1.) THIS is a petition by a student of the Saugar University. The petitioner joined the Narmada Mahavidyalaya, Hoshangabad, for pursuing studies for the B. A. Final Examination of the Saugar University. The examinations were to be held in the months of March and April, 1965. But in the month of December 1964 there was an agitation of students in which the petitioner took prominent part, and by order dated 19 February 1965 the Principal of the College expelled him from the College for three years. The candidate approached the Vice- Chancellor, who seems to have talked to the Principal on Phone. The directions which the Vice- Chancellor gave to the Principal, who at that time was incharge of the examinations, are set out in paragraph 5 of the return filed by respondent No. 1, the University of Saugar. It has been stated as follows :

(2.) THE petition has been contested both by the Principal and by the University. THE case put forward by the respondents is that the applicant could not have appeared at the examination as he was not a student of any affiliated College of the University when he appeared at such examination, he having been expelled from the College on the 19 February 1965. It is further pleaded that the applicant not having submitted (1) the required certificate from the Principal of having attended the College for the required number of meetings, (2) a certificate of character by the Principal, and (3) the necessary form for appearing at the examination, he had no right to appear at the examination. It was also contended that the Vice- Chancellor had no power to direct that the applicant be permitted to appear at the examination and therefore the appearance of the petitioner at the examination was wholly illegal and cannot be taken into account; and that in any case the Academic Council having cancelled the result, which was within its power, the petitioner had no right either to get the cancellation quashed or to get a declaration that he was a candidate who had passed the B. A. Examination in 1965.

(3.) IT was next contended by the applicant that he having passed at the examination and his result having been declared, the Academic Council could not cancel the same. This argument cannot be sustained. In the first place, the appearance at the examination by the petitioner was under an invalid order of the Vice Chancellor and therefore has no effect in the eye of law. In the second place, under section 25 (2) of the Act it is provided :