NARAHARI DAS Vs. THE GAUHATI UNIVERSITY AND ORS.

JUDGEMENT

(1.) THIS application under Article 226 the Constitution of India is directed against three resolution the Executive Council of the University by which, certain Disciplinary proceeding has been taken against the Petitioner for (Sic) gement of some University Examination Rule.

(2.) THE short facts giving rise to the present petition are in 1979 the Petitioner was a candidate from M.C. College, (Sci)peta for his B.A. Examination, On the allegation that the Petitioner carted certain manuscript loose sheets in his pocket Which was detected by one of the invigilators, a show -cause notice was given to him, The Petitioner showed cause by staling that it was a fact that there were certain loose manuscript his pocket which he carried for the lust minute preparation or the examination but forgot to keep those away due to Nor -business. His explanation did not prevail with the University authority and consequently by a resolution dated 31.12.79 the examination of the Petitioner was cancelled. The relevant resolution the University reads as follows which is annexed as Anncxure '3':

(3.) ON perusal of these two resolutions we do not find any fresh material for which the punishment against the Petitioner was enhanced or varied from that which was given in Annexure, that is, in the earlier resolution of 1979. No fresh charge proceeding appears to have been placed before, or considered the Executive Council. We have noted that by the resolution,dated 31.12.79 the Petitioner's 1979 examination was cancelled, but by the resolution dated 20.2.81 the 1979 examination the Petitioner has been cancelled and he has also been debarred from appearing at any University Examination until 1980. In the subsequent resolutions dated 30.2.81 and 21.2.81 the examination of the Petitioner has been cancelled and he has further been debarred from appearing at two subsequent University examinations of 1980 and 1981. These resolutions do not show that there were any subsequent charges or special materials so as to justify variation of the order passed by the earlier resolution dated 31.12.79 by which only the examination of the Petitioner for the year 1979 was cancelled.