PRASHANT BHARTI Vs. ARAYABHATTA KNOWLEDGE UNIVERSITY

JUDGEMENT

(1.) The present writ application has been filed by the petitioner for quashing his result of Third Professional MBBS Part II Examination, 2019, since the respondents have cancelled the examination of all the four papers and have not evaluated his answer sheet and have failed him in papers, namely, Medicine, Surgery, Obstetrics and Gynecology and Pediatrics. The petitioner has further prayed for directing the respondents to evaluate his answer sheet of the aforesaid papers and declare his result of the Third Professional MBBS Part II Examination, 2019.

(2.) The undisputed short facts of the case are that the petitioner had got admission in 2015 in MBBS course in Government Medical College, Bettiah affiliated with Aryabhatta Knowledge University (for short 'the University'). He had appeared for the Third Professional MBBS Part II Examination, 2019 held in January, 2020. His examination centre was at Motihari College of Engineering, Motihari (for short 'the College'). He had appeared in the examination for Medicine II paper at the examination centre on 10.01.2020. The invigilator found him being in possession of a chit and copying answer in the answer sheet from the said chit. Thereafter, an explanation was sought for from him to which he replied on 23.01.2020. He denied that he was copying in the examination by using chit. He contended that a piece of paper was found near his desk by the invigilator, which did not belong to him. After the filing show cause reply by the petitioner, the result of Third Professional MBBS Part II Examination, 2019 was declared in which it was disclosed that his examination of all the four papers have been cancelled.

(3.) Mr. Sandeep Kumar, learned counsel appearing for the petitioner contended that the petitioner was not accorded any opportunity of hearing. He was not shown the answer sheet or any chit or any other relevant materials in support of the allegation of copying by using chit. He contended that the action of the respondents in cacelling his examination of all the four papers is illegal, arbitrary and violative of principles of natural justice. According to him, there is nothing to suggest that the petitioner was found in possession of any chit or paper from which he was copying in the examination. He argued that in absence of any inquiry held in order to establish charge of cheating, the decision of the University to cancel the result of the petitioner is based on no material on record. He contended that due to illegal, arbitrary and unjust decision of the University, the entire career of a young MBBS student would be jeopardized.