SUJATA PARIJA Vs. BERHAMPUR UNIVERSITY

JUDGEMENT

(1.) Being aggrieved by the cancellation of her M.A. degree by the Berhampur University, the Petitioner has approached this Court seeking the following relief;

(2.) (i). The facts of the case briefly stated are that the Petitioner having completed her graduation from S.V.M. College, Jagatsinghpur in the year 1986, appeared in the M.A. examination in History under Utkal University as non-collegiate candidate and passed in the 3rd division in the year 1989. Basing on such qualification she was engaged as Lecturer in History on 13.l1.1990 in Kaduapada Higher Secondary School (Girls') in the district of Jagatsinghpur against the 2nd post. The School was subsequently renamed as Gadi Bramha Mahila Higher Secondary School, Kaduapada. In order to improve the percentage of marks, the Petitioner took admission under Berhampur University as non-collegiate candidate in the year 1993, but could not secure her desired marks because of illness. She repeated such examination to improve her percentage of marks under Berhampur University in the year 1996 and passed securing 59.4% marks. The University issued P.G. Certificate and mark sheets, copies of which are enclosed as Annexure-2 series.

(3.) On such facts, it is stated that the action of the University in withdrawing the degree awarded to the Petitioner after lapse of 16 years is illegal and unjustified besides being hit by the principle of estoppel. It is further stated that the University authorities have not been able to substantiate the allegation that there was any suppression of material facts by the Petitioner at the relevant time but merely on the objection submitted by an outsider having a vested interest, they have taken such a drastic step, which cannot be countenanced in law.