KIRAN SISODIA Vs. JIWAJI UNIVERSITY GWALIORM P

JUDGEMENT

(1.) Petitioner came before us on 7-4-1988 complaining that as per Annexure-P-6 she had been denied the opportunity of appearing in B.A. Part II Examination of Jiwaji University, Gwalior, commencing on 9th April, 1988. We immediately took cognizance of her grievance and asked her to serve Registrar (Exams.), Jiwaji University, personally so that we could hear him and give her the necessary relief, she was found entitled to, on the next date itself. We heard Shri Madhu Sudan Dubey, Registrar (Exams.) of the University, who appeared personally on 8-4-1988 and drew our attention to the material disclosed in the return which he filed on the same date on behalf of the University. We then took the view tentatively that the petitioner had no case for any interim relief. But, to clinch the issue and to decide the matter finally, we deferred hearing till today to make further investigation on facts and law, lest the petitioner continues to have a nagging grievance. So attuned have litigants become to slow-motion justice that swift justice is sometimes misunderstood as injustice :

(2.) Today, the University has filed copies of relevant documents to set at rest any doubt that could be entertained on facts as to the validity of the impugned action manifested in Annexure-P-6. Indeed, a rejoinder has come from the petitioner to the return of the respondent/University and therein issues of law challenging the action taken against her have been raised. We have accordingly heard her counsel today on facts as also on law and are finally disposing of the petition, though we are unable to grant her any relief in this matter.

(3.) We would first refer to the material furnished by the petitioner as annexures to the petition on which she has founded her cause of action. By Annexure-P-1, dated 23-11-1987, she was asked to show cause by 29-11-1987 why B.A. Part I examination taken by her on 24-3-1987 should not be cancelled for adopting unfair means in that examination and why she should not be debarred from appearing in 1987 supplementary examinations and 1988 main examinations. Annexure-P-2 is her reply dated 27-11-1987 in which she admitted that some material was recovered from her possession but contended that she did not intend to use that and she be therefore excused for the lapse. Annexure-P3 is the Mark-sheet dated 24-12-1987 in which she was shown to have passed the examination. Annexures P-4 and P-5 show that she was allowed on 28-12-1987 to appear in 1988, B.A. Part II examination. However, by Annexure-P-6, dated 23-3-1988, she was informed that the permission granted to her was cancelled as she had used unfair means in B.A. Part I examination and that the examination fees would be refunded to her.