BRAJENDRA MAHARANA Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) These writ petitions under Articles 226 and 227 of the Constitution of India have been filed by six students of the Christ College, Cuttack for quashing the Notification No. EC-II (pub)/627/75 dated 20th February, 1975 (Annexure 4) issued by the Utkal University cancelling the results of the petitioners in the Second Bachelor of Arts Examination of 1974 on the ground that they had resorted to unfair means.

(2.) As common questions of law and fact are involved in these writ petitions they have been heard together and will be disposed of by this common judgment.

(3.) The broad facts which are almost identical and are also not in dispute are these: The petitioners appeared at the Second B. A. Examination for the year 1974 from the Christ College Centre. Dr. S. N. Choudhuy, M. A., Ph. D. (Utkal) who is the Reader in History of Kendrapara College was the Examiner in History Paper II. He reported that the answers given by the petitioners to some of the questions in their answer books were indentical. The Board of Conducting Examiners agreed to the report of Dr. Choudhury. Then charges of malpractice were framed against the petitioners and the matter was referred to the Discipline Committee constituted by the University, The petitioners filed show-cause to the charges and the Discipline Committee on a consideration of the same recorded the finding: "Identically established in the light of the report of the C. B. and further scrutiny of the scripts by the Committee" and recommended for cancellation of the results of the examination. The recommendation was accepted by the Administrator exercising the powers of the Syndicate. Accordingly, the impugned notification was issued.