RAVI SHANKAR PANDEY Vs. STATE OF M P

JUDGEMENT

(1.) In this writ petition, the petitioner, who was a final year student in the Engineering College, Rewa, is challenging cancellation of his admission in the 5th year in the Rewa Engineering College, by order dt.29-1-1985 by the Principal of the Rewa Engineering College, and also the order dt. 11-3-1985, of the Ravi Shankar Vishwavidyalaya, Raipur, cancelling the result of the 1st year of the Bachelor of Engineering from the Raipur Engineering College.

(2.) The petitioner's case is that he passed the Higher Secondary School Certificate Examination in 1st Division in the year 1978. He did his B.Sc. (Part I) in 2nd Division in 1979 and B.Sc. (Part II) in 1980 in 1st Division. Thereafter, he applied for admission in the 1st year of Bachelor of Engineering in any of the Engineering Colleges in the State in accordance with the rules of admission published in the year 1980-81. He was selected and given admission in the Engineering College, Raipur. He passed 1st year examination from that college in the year 1981-82 and then he got himself transferred to the Government Engineering College, Rewa, and passed 2nd year examination in 1982-83, 3rd year in 1983-84 and 4th year in 1984-85, securing 2nd Division in the first three examinations and 1st Division in the last examination. When he was due to appear in the final year examination he received the impugned order of the Principal dt. 29-1-1985, that as per direction of the State Government his admission in that college has been cancelled. Immediately thereafter, the petitioner filed the present petition and got an ad interim ex parte stay that effect shall not be given to the order dt. 29-1-1985. In view of this order, the petitioner appeared in the final year examination in April 1985 and his result has been withheld subject to the decision of this petition. The main ground of attack against cancellation of his admission was that the order has been passed without giving any notice or hearing him. Such a procedure was permissible under R.9(k)(1) of the Rules of Admission for the year 1980-81 and, therefore, the rule is ultra vires being against the principles of natural justice.

(3.) After returns were filed by the State and also the Ravi Shankar University, the petitioner admitted that he got admission in the reserved quota of freedom fighters, being the grandson (daughter's son) of Bhola Prasad Pandey. He also challenged the subsequent order, dt. 11-3-1985 of the Ravi Shankar Vishwavidyalaya, cancelling the result of his examination of the 1st year of B.E. from the Government engineering College, Bilaspur, without again giving any opportunity in spite of the ad interim stay granted by this Court. According to the petitioner, his admission has been cancelled on the basis of complaints lodged by one Kuldeep Kumar son of Munindra Prasad Pandey and one Jagat Narayan Pandey. Munindra Prasad Pandey and Jagat Narayan Pandey are the step-brothers of the petitioner's father Chandrakirti Prasad Pandey and there are litigations going on against the step-brothers and, therefore, with a view to harm him, such false complaints were lodged. The petitioner was not apprised of the nature of the complaints, nor any enquiry was held by giving him notice.