MAHARSHI DAYANAND UNIVERSITY Vs. VISHAL PARMAR

JUDGEMENT

(1.) Vishal Parmar, Atual Kumar and Vinod Kumar Punia-plaintiffs are students of 8th semester of Electrical Engineering at Vaish College of Engineering, Rohtak. They were to appear at examination for 8th semester which was commencing form 9.5.1999. Roll numbers has been issued to them. Earlier, Vaish College of Engineering was affiliated with Guru Jambheshwar University, Hissar. It became affiliated to Maharshi Dayanand University, Rohtak after wards. According to them, they had successfully passed upto 6th Semester and Guru Jambheshwar University, Hissar had issued them detailed marks cards (DMC) up to this semester. They appeared in 7th semester examination. Result was declared on 15.3.1999 but in the result gazette, "UNF MEANS AIR(CASE") (UMC was shown against their names and their result was with-held. They represented to the Controller of Examination against the notification -UMC. According to them, notification-UMC concerning 7th semester was illegal, null and void, honest and against the principles of natural justice inasmuch as no UMC case ever registered against them during the course of examinations of 7th semester. Till date of notification and afterwards no notice in regard to "UMC" was received by them. They had not been given any opportunity of hearing or representation against the alleged use of unfair means by them. They received some notice in regard to "unfair means cases" for 5th and 6th semester from Guru Jambheshwar University. Proceedings against them for the use of unfair means for 5th and 6th semesters were started after the declaration of their results of 5th and 6th semester examinations. Their results for 7th semester could not have been with-held when the use of unfair means by them was not alleged in the 7th semester examination. On enquiry, they came to know that some employees of Guru Jambheshwar University, Hissar had misplaced the original award list relating to them and substituted other award list in the officer of Controller of Examination, Guru Jambheshwar University, Hissar. Instead of taking action against their employees, Guru Jambheshwar University, Hissar issued show cause notices to them on 19.2.1999 and they were directed to appear in the office of the Chairman person, Department of Environmental Science and Engineering, Guru Jambheshwar University, Hissar on 25.2.1999 and 26.2.1999. They appeared before the Standing Committee. They requested the chairman of the Standing Committee of the University to grant them sufficient time and opportunity to rebut the allegations. They also requested him to supply them copies of incriminating documents. The chairman of the Standing Committee got their signatures on reply which was already typed. They were threatened that in case they did not sign the said reply, they would be debarred from appearing at future examinations. They signed the replies due to this threat. Order was passed on 11.5.1999 debarring/disqualifying them from appearing at any examination of the University till May/June, 2002. This order was challenged by them on the ground that the University had no jurisdiction to pass this order as with effect from 15.7.1998, Vanish College of Engineering had become affiliated to Maharshi Dayanand University, Rohtak. No case of unfair means was made out against them from the show cause notice dated 19.2.1999. No opportunity of hearing was given to them before the order dated 11.5.1999 was passed debarring them from appearing at any examination till May/June, 2002. According to them, this order suffers from the vice of discrimination also inasmuch as no such order was passed in respect of Rajesh Kumar, Mahavir and Danish Kumar though there was charge of use of unfair means against them also. Plaintiffs filed suit for declaration and mandatory injunction. Alongwith the plaint, they made an application 151 Civil Procedure Code for the grant of temporary injunction directing the University to permit them to appear at 8th semester examination commencing on 14.5.1999.

(2.) Addl. Civil Judge (Sr. Division), Hissar declined their prayer to issue ad-interim mandatory injunction in their favour directing the University to permit them to appear at 8th semester examination in all its papers vide order 25.9.1999.

(3.) Plaintiffs went in appeal against this order of Addl. Civil Judge (Sr. Division), Hissar. Additional District Judge, Hissar passed the following order on 12.10.1999 :-