PRANAB KUMAR Vs. DIBRUGARH UNIVERSITY

JUDGEMENT

(1.) The petitioner challenges the notice dated 13th Nov. 1986 issued by the Registrar, Dibrugarh University calling upon him to show cause as to why the degree in Law (LL.B.) conferred on him by the Dibrugarh University should not be withdrawn on the charge of his having fraudulently increased his marks obtained by him at Final Law examination.

(2.) After obtaining B.Sc. degree the petitioner studied law under the Dibrugarh University (hereinafter referred to as 'the University'), and having passed thediate Law Examinations he appeared in the final LLB. examination, but he could not clear the first paper on the subject 'Civil Procedure Code, Limitation Act and Arbitration Act'. As per the Rules he was allowed to appear only on the said subject, namely, 'Civil Procedure Code, Limitation and Arbitration Act', in the examination held in Oct. 1984 and was shown to have secured 39 marks in the said paper. Under the University Rules a candidate was required to secure 45% marks in the aggregate and 30% of the marks in each of the four papers. Earlier the petitioner secured the following marks : Second paper - 50 Third paper - 46 Fourth paper - 45 When 39 marks secured in the first paper were added the total was 180 marks and as such 45% of the total marks, and accordingly, he was declared passed in the 2nd Class. The petitioner was granted a provisional pass certificate by the University whereafter he applied for and was enrolled as an Advocate in the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura on 16-8-1985 and his name was entered in the Roll of Advocates under S.17 of the Advocates Act and since then he had become a member of the Dibrugarh Bar Association and had been practising law at Dibrugarh.

(3.) It appears there were some allegations against two tabulators and the ViceChancellor of the University by his Notification dated 5-4-1986 reconstituted the Enquiry Committee to enquire into the allegations against the two Tabulators, namely, (1) Dr. K.D. Gogoi and (2) Shri R.S. Ladia, of the Law Examination held in Oct. 1984 and the three Members of the Enquiry Committee sat on 7th, 8th and 9th April, 1986 and reported, amongst others, as follows :