NIKITA SAXENA Vs. THE STATE OF M.P.

JUDGEMENT

(1.) In all these petitions, the order passed by the Registrar of the respondent-University dated 18.06.2014 has been assailed by way of this writ petition.

(2.) The principal ground, which has been urged and which commends to us, is that the decision has been taken by the respondent-University without giving any opportunity, whatsoever to the petitioners, much less, by following due process.

(3.) For the nature of the order that we propose to pass, it may not be necessary to advert to all the factual matrix which has given rise to filing of these petitions, except to observe that the respondent-University by the impugned order cancelled the examination and rusticated the named candidates (including the petitioners) for a period of three years from the date of the order to appear in the examination conducted by the University. The sole basis mentioned in the order is that criminal cases have been instituted against all 136 candidates named in the said order (including the petitioners) in respect of unfair means committed during the examination conducted by the University and in respect of which charge-sheet (police report under Section 173 of Cr.P.C.) has already been filed before the concerned Criminal Court. From the said charge-sheet, it is noticed that the petitioners/candidates referred to in the order have admitted their guilt in their statement recorded by the 4 Investigating Officer. The other reason noted in the impugned order is that perusal of the charge-sheet clearly indicates that the candidates referred to in the order, against whom action has been taken, were party to the racket (conspirators) working with ulterior design to commit unfair means during the examination. No other reason is forthcoming from the impugned order.