SATYAJIT ROY CHOUDHURY Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) The petitioners, who took the annual Intermediate Examination in Arts and Commerce, 1981 from the Adikabi Saraladas College Centre. Tirtol, have filed this writ application impugning the notification dated 22-6- 1981 (Annexure-2) issued by the Utkal University cancelling the results of the examinees who took the Intermediate Examination in Arts and Commerce from the said Centre.

(2.) The petitioners contend that after taking the examination they were waiting for the results to be published. But to their dismay, they learnt that the results had been cancelled on around that there was mass malpractice. They contend that there was intensive invigilation during the examination and proper supervision was made by the University by deputing teachers serving in the University and other colleges. There was no report before the University that the petitioners had indulged in any unfair means. The University was also not right in cancelling the results of all the examinees taking the examination from the centre, on the ground of mass malpractice. They further contend that the principle of natural justice has been violated as there was no enquiry into the allegations and that there was no material before the University for taking the drastic action,

(3.) Opposite party No. 1 in the counter-affidavit has averred that there were reports before the University from the Centre Superintendent and Supervisors to the effect that malpractice was resorted to in a vast scale. As the candidates as a whole did not follow the norms prescribed for the examination, the results of the examination were cancelled.