LAWS(RAJ)-1990-4-24

SHRI SUBENDU DIXIT Vs. RAJASTHAN AGRICULTURE

Decided On April 09, 1990
Shri Subendu Dixit Appellant
V/S
Rajasthan Agriculture Respondents

JUDGEMENT

(1.) THESE six writ petitions arise out of the same order dated 3rd/7th July 1989 passed by the Controller of Examinations, Rajasthan Agricultural University, Bikaner where by the Board of Management of the Rajasthan Agricultural University, Bikaner has confirmed this punishment of current examinations cancelled imposed against the petitioners for using unfair means in the examinations of 1988.

(2.) THE facts necessary to be noticed for the disposal of this writ petition briefly, stated are: that the academic career of the petitioners is meritorious. They have secured first Division marks in all public examinations in which they appeared and, therefore, they took entrance test of PMT/PVT for the purpose of degree course of BVSC and Animal Husbandary in the then Mohan Lal Sukhadiya University, Udaipur They were successful and were admitted. They passed their first year examinations of the BVSC and Animal Husbandary degree course from the Mohan Lal Sukhadiya University of Udaipur in the year 1987 but later, it appears that the Govt, of Rajasthan thought it fit to establish an Agricultural University viz. Rajasthan Agriculture University, Bikaner and, therefore, the faculty of Veterinary Science and Animal Husbandary of Mohan Lal Sukhadiya University, Udaipur has been put under the control of Rajasthan Agriculture University, Bikaner and the petitioners are prosecuting their studies under the newly established University i.e. Rajasthan Agriculture University, Bikaner.

(3.) BE that as it may, the petitioners have contended that sofaras known to them, no Ordinance of the respondent Rajasthan Agriculture University, Bikaner have been framed and all that has been done is that the Mohan Lal Sukhadiya University Udaipur has conducted the examination and instruction to Centre Superintendent were issued by the said University, which were also made available to the student on demand. The photocopy of the instructions to Superintendent of Examination Centre have been filed along with the writ petitions (Marked as Annexure -4 in Subendu Dixit's case) The term 'unfair means' stands described at pages 4 and 5. On the said instructions. It further prescribes the procedure and norms of punishment.