DEPENDRA NATH SHARMA Vs. UNIVERSITY OF RAJASTHAN JAIPUR

JUDGEMENT

(1.) This petition has been filed with a prayer that order Annexure P-5 by which the petitioner's examination of 3rd Year B. E. V and VI Combined Semester (Back Paper) Examination 1979 has been cancelled debarring him for subsequent examination, if it is held once a year or two subsequent examinations if the examination is held twice a year, be quashed and set aside.

(2.) Briefly stated the facts of the petition are that, it is alleged that petitioner who is student of Malviya Regional Engineering College, Jaipur, was appearing in IIIrd Year V and VI Combined Semester (Back Paper) Examination, 1979 which was held on 18-4-80. While he was appearing in examination from 3.00 to 6.00 p. m. with permission of the Invigilator he went to Urinal. When he returned back he found certain professors and Invigilators, Shri K.K. Saxena and Shri C.L. Agrawal in the Examination hall. It is alleged that Shri Srinivasan obstructed the petitioner while he was proceeding back to his seat and charged him with the allegation that Mr. Saxena had seen him copying from the Summer Chart of Crystallographic Systems, a leaf from the Text book of Geology and Mineralogy. It was alleged that the petitioner after copying the answer from the said paper, passed it on to Shri A.D. Karmakar, another candidate, who was sitting at his back seat. This paper was recovered from Shri Karmakar. The petitioner denied the charge and stated that he is being falsely framed. It was also stated by petitioner that, if he was found to be copying the Invigilator could have caught him there and then. It is also denied that the alleged paper was ever recovered from him. The petitioner was not allowed to sit in the examination. However, after filing this writ petition the petitioner was allowed to complete the examinations. It has been also stated by the learned counsel for the petitioner that his result has been declared and the petitioner has been successfull. He passed out in the year 1982.

(3.) It is submitted by Shri OP Sharma, learned counsel that petitioner was General Secretary of Students' Union and had complained against missing of certain costly books from the Library. Shri Srinivasan, Head of .the Department was also President of Library. On this account, it is submitted that a personal enmity had developed against the petitioner. It is also submitted that no evidence of any persons including Invigilator etc. was recorded in presence of petitioner and he did not get any opportunity to cross-examine them. In this way the principles of natural justice have been flouted. It is also submitted that about 9 years have passed away and the petitioner is now settled as a respectable citizen of this country and is employed.