AWADHESH PRASAD SHUKLA Vs. PROFESSOR J P SHUKLA

JUDGEMENT

(1.) A.K. MATHUR, J. :- The petitioners by this writ petition, have prayed that the impugned minutes of the Executive Council dated 5-2-1995 (Annexure-P/1) in para3(b) ,may be quashed.

(2.) Both the petitioners who are lawyers by profession were appointed as Examiners of LL.B. Supplementary Examination, 1994, help by the respondent No.4-Rani Durgawati Vishwavidyalaya, Jabalpur. The answerbooks of the aforesaid examinations were sent to the petitioners. Both the petitioners after duly examining those answer books and awarding of marks given to the examinees in those answer books, submitted the same to the respondent No.4-University. On 7-2-1995 the petitioners read in Hindi Daily news paper of Jabalpur, 'Dainik Bhaskar' that the Executive Council of the respondent No. 4- University, has black-listed the petitioners for being made Examiners of the University for ever on the grounds that both the petitioner$ have increased the marks of Examinees in the answebooks submitted by them on the advice of respondent No.5-Prof. J.K. Pandey. The petitioners made an enquiry from the Prof. J.K. Pandey about the details of the case, but did not know anything about it and that he himself was surprised on reading the news items in the papers. Shri Pandey subsequently informed the petitioners that he has received an order dated 6-2-1995 from the University stating that he has violated the Rules relating to examinations and he has been removed with immediate effect from all works regarding University examinations.

(3.) The petitioners state that they checked up the agenda of the meeting of the Executive Council dated 5-2-1995, but there was no such item in the agenda. Thereafter, the University published the impugned minutes of the Executive Council dated 5-2-1995, and one of the time in para 3(b) of the Minutes reads as under :-