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Allahabad High Court · body

2002 DIGILAW 600 (ALL)

SAJAL KUMAR RAI v. VICE-CHANCELLOR, MAHATMA GANDHI KASHI VIDYA PEETH

2002-04-23

R.R.YADAV

body2002
R. R. YADAV, J. ( 1 ) THE instant writ petition is filed against the order impugned dated 29. 10. 2001 (Annexure-1 to the writ petition) whereby the result of M. A. IInd year, 2001 of the petitioner is cancelled by a composite order. By the aforesaid composite order dated 29. 10. 2001, results of number of students had been cancelled and some of them had been debarred also from appearing in subsequent examinations. ( 2 ) LEARNED counsel representing respondent Nos. 1, 2 and 3 was directed to produce the original record relating to the petitioner. From close scrutiny of the original record, it is revealed that no unauthorised material was recovered either from desk or possession of the petitioner. In para No. 5 of the form which was made available to the petitioner in the examination hall at once to fill up, it is mentioned that the petitioner threw away unauthorised material, but it is not disclosed as to why threw away unauthorised material was not collected either by the Invigilator or flying squad. A bare perusal of form made available to the petitioner in the examination hall to fill in further reveals that even in the aforesaid form. Centre Superintendent of the examination has given clear cut report to the effect that in absence of evidence it cannot be said that unauthorised material was recovered from possession of the petitioner. ( 3 ) IT is shocking to note that the respondent Nos. 1 to 3 with close mind without discussing the facts and circumstances of each case passed a composite order either cancelling the results of some of the students or debarring and cancelling the results both in some of the students cases. ( 4 ) IT is submitted by Sri Anil Tiwari, learned counsel representing respondent Nos. 1 to 3 that the order impugned (Annexure-1 to the writ petition) is a communication order but not the initial order passed in the case of the petitioner. Sri Anil Tiwari representing respondent Nos. 1 to 3 has failed to show any order in the original record of the petitioner relating cancellation of his result. 1 to 3 that the order impugned (Annexure-1 to the writ petition) is a communication order but not the initial order passed in the case of the petitioner. Sri Anil Tiwari representing respondent Nos. 1 to 3 has failed to show any order in the original record of the petitioner relating cancellation of his result. The aforesaid submission of Sri Tiwari is based on non-existent ground, therefore, it is hereby repelled with an observation that the respondents have no vision to visualise what service they are rendering in the field of education to the posterity to accelerate the image of the Nation heading towards globalisation. The conduct of the respondents cancelling M. A. final result of the petitioner in perfunctory manner is hereby deprecated. ( 5 ) THIS Court take judicial notice of this fact that in such maters in other Universities whenever the original records are produced before the Court, a copy of the order either cancelling the result of a petitioner or cancelling and debarring him are always annexed to the original record. In the instant case even the aforesaid basic and fundamental requirements are missing while ruining the life of petitioner who is at threshold of his career. The mistakes brought to my notice in the present case are viewed seriously. If such mistakes are repeated in future, then heavy cost would be imposed upon the respondents causing mental, physical and economic torture upon students. The request of Sri Anil Tiwari learned counsel appearing on behalf of respondents to the effect that the respondents be given one opportunity to improve their decisions in such matters affecting the careers of students. Keeping in view that relationship between teacher and taught in indian cultural ethos is quasi-parental, therefore. I refrain to impose cost upon respondents. ( 6 ) AS a result of the aforesaid discussion the instant writ petition is allowed and respondents are hereby mandated to declare the result of the petitioners M. A. final. 2001. forthwith within one month from the date of receipt of a certified copy of this order. The issuance of the mark-sheet, etc. would follow by corollary of reasons as usual. ( 7 ) COST is made easy. ( 8 ) OFFICE of Registry of this Court is to send a copy of this order to Vice-Chancellor. Mahatma gandhi Kashi Vidyapeeth, Varanasi. The issuance of the mark-sheet, etc. would follow by corollary of reasons as usual. ( 7 ) COST is made easy. ( 8 ) OFFICE of Registry of this Court is to send a copy of this order to Vice-Chancellor. Mahatma gandhi Kashi Vidyapeeth, Varanasi. for information and necessary action in the light of observations made in the body of this order. .