ARUN KUMAR SAH Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) ARUN Kumar Sah. Sajesh Kumar Lal and Shailendra Kumar have filed this writ application for a direction to the respondents not to cancel the 6th paper of Examination of LLB, Part 111 which was held on 14-3-1992 at Chhotanagpur Law College, Ranchi. It has also been prayed that Annexure 1, being the Notification issued by the Respondent No. 2, may be quashed and further the respondents may be directed to publish the result.

(2.) THE petitioners have alleged that they were the student of Chhotangapur Law College, Ranchi for the Sessions 1989-90 of the Part IIIrd L.L.B, THEir examination was held in the month of March, 1992. It was on 14-3-1992 that the Vice-Chancellor (Respondent No. 2) visited the examination centre and caught 11 candidates involved in unfair means. It was on 23-7-1992 that the examination of such papers has been cancelled and the copy of notification in respect thereof has been filed as Annexure. 1.

(3.) A counter-affidavit has been filed by one Kashi Nath Gope, the Controller of Examination, Ranchi University (Respondent No. 4) on his own behalf and also on behalf of respondents 1 to 3 in which it has been said that the Vice-Chancellor of Ranchi University on receipt of information that large scale use of unfair means in the I LB examination at the CN Law College, Ranchi Centre was being practised, made a surprise visit of the exmination center on 14-3-1992. He witnessed massive use of unfair means in examination. The matter was also placed in the Examination Board meeting. The copy of the report of the Vice-Chancellor dated 15-3-1992 has been filed as Annexure-A to the counter-affidavit. He has also said that as to whether the petitioners had appeared or not in the said examination cannot be accepted without any documentary proof. Certain matters were still being enquired in view of the order dated 7-5-1992 (Annexure-B to the counter-affidavit) passed by this Court in C.W.J.C. No. 1147 of 1992 (R). As regards the enquiries and action with regard to the student/examinees of CN. Law College, Ranchi, could not be completed due to non-co-operation of the Principal of the college. As such, a Committee was constituted on 28-7-1992 by the Vice-Chancellor of Ranchi University to enquire into the matter about the irregularities and allegations. The result of the examination could be published only after the enquiries are completed. In another C.W.J.C. No. 1959 of 1992 (R) this Court had directed by an order dated 18-8-1992 (Annexure-C to the counter-affidavit) to get the matter finally examined within a month. It was also said that on 14-3-1992 in CN. Law College, Ranchi Centre where the examinatinn of Paper VI of L.L.B. Part III was going on, the Vice-Chancellor made a surprise Visit and found massive use of un-fair means in the examination and it was wrong to say that only 11 examinees were involved and were caught or were suspended. It was further said that large scale unfair means were used in the examination which could also be proved if the answer books of the examinees are produced before this Court and for these reasons the examination has been cancelled. The Vice-Chancellor being the head of the University, himself found the massive use of unfair means in the examination.