ATMARAM SANSKRIT MAHAVIDYALA Vs. JAGANNATH SANSKRIT VISHVAVIDYALAYA

JUDGEMENT

(1.) This writ petition has been filed by Atmaram Sanskrit Mahavidyalaya, Jatadhari Ashram through his Secretary praying to declare notification no.1242 dated 28.05.2013 (Annexure-3) cancelling the results of 4th paper, Vyakarana Upasastri (New & Old) Examination,2013 in respect of the students of the petitioner's institution and the punishment imposed debarring the Centre Superintendent and the concerned Invigilator from the conduct of Examination related works for next one year from the valuation and other examination related works for next three years on the ground of reported mass malpractice in the said paper as bad and illegal in law and to quash the same, and with further prayer to direct the opposite party-University and its authorities to forthwith evaluate the answer papers of the said cancelled examination.

(2.) The petitioner's institution established since 1993, is affiliated to Shri Jagannath Sanskrit Vishavidyalaya-opposite party no.1. It has been presenting it students in the annual examination of Sastri and Upasastri since 1995 at it own premises, which is an examination centre. During the examination 2013 on 04.03.2013 in respect of 4th paper- Vyakarana Upasastri (New & Old) the one-member squad (opposite party no.3), who is a Professor of opposite party-University, visited the examination centre and allegedly detected irregularity and mass malpractice during conduct of the examination and accordingly he submitted a report to the University indicating about such mass malpractice, on the basis of which the impugned notification dated 28.05.2013 under Annexure-3 has been issued by the University canceling the examination in respect of 4th paper- Vyakarana of the centre conducted at the petitioner's centre.

(3.) During the course of his argument, learned counsel for the petitioner does not challenge the report of the one-man squad with regard to alleged mass malpractice at the examination concerned. He only raises legal contention to the effect that under the Orissa Universities First Statutes,1990, it is the syndicate of the University, who is only authorized to decide and pass order regarding penalties to be imposed on the recommendations of the examination committee for use of unauthorized or incriminating material during examination at a centre and the impugned notification under Annexure-3 imposing the punishments is not the outcome of any decision taken by the syndicate of opposite party-University and, therefore, it has no legal basis. It is also submitted that there is no recommendation of the examination committee for cancellation of such examination on the report of the squad, but it is only the decision of the Vice Chancellor of the University, who has no authority to take such decision under the statue.