SUBESH CHAND Vs. M S J COLLEGE

JUDGEMENT

(1.) THE petitioner has challenged the order Annex. 1 which has also been filed as Annexure R -4 along with the reply. the contention of the learned Counsel for the petitioner is that he was visited with the Punishment without affording any opportunity of hearing or any opportunity to show the reasons to the petitioner.

(2.) UNDER Annexure -1 to the writ petition the petitioner's examination of M.A previous (Economics) had been cancelled and he has been debarred from appearing in any examination in the year 1989. Even in the reply filed by the non -petitioners it is no where stated that the said order Annexure 1 has been made after giving reasonable. opportunity and after showing the reasonable cause. All has been stated that in the reply in para 7 is that the petitioner took away the answer book from the examination hall and also provoked others students for mass -boycott It is also stated that the petitioner and other students have filed representation but no copy of the representation has been filed by the petitioner.

(3.) IT is also said earlier that Annexure. 1 by the examination of 1988 M.A(previous) Economics has been cancelled, and the petitioner has also been debarred from appearing at any examination in the Petitioner has also while setting aside the punishment inflicted upon the petitioner we would have left the matter open for the authorities to initiate action afresh. But the examination took place in the month of May 1988 Order Annexure 1 was only made against the petitioner in October 6 1988. after he had Appeared in the paper boycotted by him with others Therefore was are not inclined to leave the matter open to the authorities to initiate afresh action.