JOGENDRASINGH Vs. VIKRAM UNIVERSITYUJJAIN

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India.

(2.) The material facts giving rise to this petition are as follows:-- The petitioner appeared at the LL. M. Part I examination conducted by respondent No. 1 in the year 1981. The petitioner was declared unsuccessful when the result was declared, but on an application by the petitioner for revaluation, the petitioner was declared successful. On 8-12-1981, the petitioner was informed by the Upkulsachiv of the respondent University that respondent No. 2 had cancelled the LL. M. Part I examination of the petitioner as the petitioner was found to have attended only 5% of the number of lectures delivered during the relevant calendar year. Aggrieved by this order, the petitioner has filed the petition.

(3.) Shri Kokje learned counsel for the petitioner contended that respondent No. 2 had no jurisdiction to cancel the examination of the petitioner on the ground that he had failed to attend the prescribed course of lectures when the petitioner was allowed to appear for the examination and when the petitioner had not made any misrepresentation as regards the number of lectures attended by him. It was further contended that in any event, the action taken by respondent No. 2 deserved to be quashed as no notice to show cause was given to the petitioner before taking the action. In reply, Shri Bhargava, learned counsel for the respondents stated that respondent No. 2 had jurisdiction to cancel the examination under Section 15 (2) of the M. P. Vishwavidyalaya Adhiniyam 1973 (hereinafter referred to as the Act).