DEBABRATA MISHRA Vs. BERHAMPUR UNIVERSITY AND ANR.

JUDGEMENT

(1.) BY this writ petition the Petitioner seeks to assail the validity of cancellation of his result in Part -l Master in Computer Application Examination. 1997 and debarring him from appearing the said examination prior to 1999 (vide letter No. 1209 dated 13 -4 -1998 Annexure -I)."

(2.) THE case of the Petitioner is that after completing his graduation he took admission in Master in Computer Application (hereinafter referred to as M.C.A.) in the Post -Graduate Faculty of Berhampur University in September, 1996. The duration of the said course is three academic years. He duly appeared in the M.C.A. (Part -I) examination of 1997 which consisted of 8 papers. On 25 -8 -1997 while the Petitioner was taking the examination of 8th paper (Computer Oriented Numerical and Statistical Method) he was asked by the invigilator to produce his admit card. He duly produced the same. Thereafter he was asked by the invigilator as to if he had any incriminating materials with him. Although he replied in the negative the invigilator took his signature on a blank form. Later he was surprised to receive notice dated 24 -2 -1998 at Annexure 2 calling, upon him to show cause as to why suitable disciplinary action should not be taken against him for infringement of the examination rules. In obedience to the said notice, he submitted explanation dated 17.3 -1998 at Annexure -4. By letter dated 17 -3 -1998 at Annexure -5 he was asked to appear before the Examination Committee on 24 -3 -1998. On the scheduled date he appeared before the Committee and explained that the allegation of use of any incriminating material levelled against him is baseless. The University authorities however without appreciating the facts and circumstances imposed the penalty as communicated to him in the impugned letter at Annexure -I.

(3.) SHRI Mohanty, learned Counsel for the Petitioner, by referring to the notice dated 24 -2 -1998 (Annexure -2) submitted that the penalty imposed on the Petitioner is vulnerable as the notice itself was defective. According to him on 25 -8 -1997 the Petitioner's examination paper was Computer (Paper - V) and not M. Sc. (Electronics, 2nd Semester Part -I) as mentioned in the notice. The learned Counsel also submitted that in the notice' the Petitioner was alleged to be in possession of one old admit card two scales and three handkerchiefs which were not at all incriminating materials.