Dave Divyam Jagdishchandra v. Registrar, South Gujarat University, Surat
1993-09-20
R.K.ABICHANDANI
body1993
DigiLaw.ai
R. K. ABICHANDANI, J. ( 1 ) THE petitioner seeks to challenge the order dated 24. 2. 93 passed by the respondent no. 1 under which the result Notification dated 4. 10. 92 by which the petitioner was declared as successful in Ty. B. Com. examination, was cancelled. ( 2 ) THE petitioner had appeared in the Ty. B. Com. examination held by the South gujarat University in April 1992 and his seat number was 1273. He received a notice dated 7. 9. 92 from the office of the University alleging that certain answers in his answer book of the subject Business Management were tallying with the answers of the candidate who appeared at seat no. 1274 and therefore, it appeared that either he had copied the answers of candidate who appeared at seat no. 1274 or had allowed that candidate to copy from his answer book. An explanation was sought from the petitioner in respect of the said allegation. Thereafter, he received communication dated 30. 9. 92 requiring him to appear in connection with the said matter on 8. 10. 92 before the Committee appointed to inquire into such cases. It is the case of the petitioner that he had appeared before the said committee on 8. 10. 92. Thereafter, the result of the petitioner which was withheld was declared under the Notification dated 14. 10. 92 and the petitioner passed at the said examination. Certificate of the Principal dated 20. 10. 92 which refers to the said notification dated 14. 10. 92 declaring the result of the petitioner certifies that the petitioner had passed by the Ty. B. Com. examination of the South Gujarat University held in April 1992 in 2nd class. Mark-sheet was also issued to the petitioner. Thereafter, the petitioner suddenly received a communication dated 24. 2. 93 indicating that the Syndicate of the University had resolved to cancel the result of the candidates named therein and accordingly, the result of the petitioner was cancelled. ( 3 ) THE power to supervise and control the conduct and discipline of the students of the University is vested with the Syndicate under clause (xix) of Section 20 of the South gujarat University Act, 1965.
( 3 ) THE power to supervise and control the conduct and discipline of the students of the University is vested with the Syndicate under clause (xix) of Section 20 of the South gujarat University Act, 1965. Under section 48 of the Act, the syndicate of the South gujarat University accordingly appointed a Committee consisting of five members as stated in para 3 of the affidavit-in-reply filed by the University to look into the allegations of unfair means committed at the examination. It appears that the Committee after having heard the petitioner resolved to recommend to the Syndicate to declare the result of the petitioner. The result of the petitioner was accordingly declared on 14. 10. 92. It is the case of the respondent that the Syndicate deliberated over the recommendation of the committee in its meeting held on 30. 12. 92 and did not agree with the recommendation. This resulted in cancellation of the result which was declared on the strength of the recommendation which was made by the Committee. The Syndicate was empowered to constitute the Committee to look into such matters and the Committee had examined the case of the petitioner and recommended in his favour to the Syndicate. The ultimate power was with the Syndicate. However, when the matter was being inquired into by the committee, the result of the petitioner was withheld and it was declared after the recommendation was forwarded to the Syndicate. When the Syndicate decided not to accept the recommendation of the Committee, the result Notification was already issued. Therefore, at that stage, the question that arose was of cancellation of the result of the petitioner. The petitioner had no opportunity of hearing against the cancellation of his result. Before the Committee, there was no such question of giving him hearing against cancellation of the result, because the result was not announced at that stage. Under ordinance 142 of the South Gujarat University Ordinances, the Syndicate has power to punish for misconduct by, inter alia, cancelling the result of the student. An order cancelling the result of the student adversely affects the student and exercise of such power implies giving of adequate opportunity of being heard to the concerned student. It was therefore, incumbent upon the Syndicate to afford an adequate opportunity of hearing to the petitioner before cancelling his result by the impugned order.
An order cancelling the result of the student adversely affects the student and exercise of such power implies giving of adequate opportunity of being heard to the concerned student. It was therefore, incumbent upon the Syndicate to afford an adequate opportunity of hearing to the petitioner before cancelling his result by the impugned order. As to the nature of hearing which the petitioner may be give, the concerned authority may draw inspiration from the decision of this court in case of Miss Damayantiben Hasmukhlal Patel vs. The south Gujarat University and Ors. reported in AIR 1979 (Gujarat) 62. In view of the above facts the impugned order dated 24. 2. 93 cancelling the result Notification dated 14. 10. 92 so far as it relates to the petitioner, is hereby set aside. It will be open for the Syndicate to consider the question afresh in accordance with law. Rule is made absolute accordingly. No order as to costs. .