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Allahabad High Court · body

1991 DIGILAW 723 (ALL)

Mahendra Bahadur v. University of Lucknow

1991-05-03

K.C.BHARGAVA

body1991
JUDGMENT K.C. Bhargava, J. - The petitioner appeared in B.Sc. Final Examination of 1990. Before that the petitioner appeared in B. Sc. II year Examination 1989. The Flying Squad came there and issued show cause notice dated 17101989, Annexure II, containing vague charges on printed proforma. It is alleged that seven days were allowed to the petitioner to reply that charge. It is further alleged that there was no report of the Unfair Means Committee on the report of the invigilator as contained in Annexure II dated 171089 during the Mathematics, 1st Paper Examination of 1989 B.Sc. II year Examination. It is further alleged that the University has declared petitioner pass in Mathematics subject of B.Sc. II year. 2. The grievance of the petitioner is that the result of B.Sc. Ill year Examination has not been declared by the opposite parties and that of back paper with respect to Mathematics 1st Paper of B.Sc. II year. 3. No counter affidavit has been filed by the opposite parties. 4. Learned counsel for the opposite parties prayed for some more time to show the records of the petitioner. On the previous date the matter was ordered to be listed today at 10.15 A.M. It is already 11.40 A.M. but the record has not come. It is not possible to wait any longer because the case was specifically listed for disposal today at 10.15 A.M. Therefore, no further opportunity can be given to the learned counsel for opposite parties to produce the record. 5. According to the contention of the learned counsel for the petitioner, the petitioner has appeared in B.Sc. II Year Examination, 1989. The Flying Squad came and gave him show cause notice, but no time was given to understand the same. A perusal of the allegations of the writ petition would go to show that the show cause notice was issued by the Flying Squad as the petitioner was having in his possession during the examination written material pertaining to that paper. The petitioner has denied that the material belonged to him, and that it was recovered from his possession. There is no report of the Unfair Means Committee on this point. No such report has been placed either on the record or has been shown to the Court upto this time. The petitioner has denied that the material belonged to him, and that it was recovered from his possession. There is no report of the Unfair Means Committee on this point. No such report has been placed either on the record or has been shown to the Court upto this time. Unless the Unfair Means Committee considers the report of the Flying Squad and takes a decision the examination of that paper cannot be cancelled by the University. The petitioner has appeared in Mathematics is 1st Paper in B.Sc. II Year Examination, but the result has not been declared by the University so far. The result has been wrongly with held by the University and the University could not have done so without any cogent reasons. As stated in the earlier part of the judgment the University has no cogent reasons to with bold the result of Mathematics 1st Paper of B.Sc. II Year Examination of the petitioner, hence the same is to be declared. 6. The next contention of the learned counsel for the petitioner is that he has appeared in B.Sc. III Year Examination, but the result has not been declared by the University. Learned Counsel for the petitioner states that University has not communicated the ground on which the result of B.Sc. III Year has been withheld. The University could not have withheld that result without any reasons. 7. The writ petition is, therefore, allowed and the opposite parties are directed to declare the result of back paper Mathematics 1st Paper of B.Sc. IInd Year 1989. 8. The opposite parties are further directed to declare the result of B.Sc. III Year Examination of 1990 within a period of 10 days from today. (Petition allowed)