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2018 DIGILAW 241 (MP)

Shacheendra Kumar Chaturvedi v. Awadesh Pratap Singh Vishwavidyalaya

2018-02-28

ANURAG SHRIVASTAVA, S.K.SETH

body2018
JUDGMENT Seth, J.--1. This intra Court appeal is directed against the judgment dated 30.4.2015 passed by the learned Single Judge in Writ Petition No. 5900/2008. By the impugned order, the writ petition filed by the appellant was dismissed with cost. 2. Facts in brief are as under : Appellant filed the writ petition to challenge the order dated 5.4.2008 passed by Awadesh Pratap Singh Vishwavidyalaya, Rewa, whereby the University has cancelled the degree of graduation as well as post graduation awarded to appellant on the ground that he played a fraud with the University in seeking admission to the post graduation course. This fraud came to the light when a complaint was made by the respondent No. 3 to the University that appellant without passing the graduation examination on the basis of forged mark-sheet obtained admission in post graduation course and thereafter he secured Government job on the basis of forged mark-sheet. 3. The matter was contested by the respondents and after hearing rival parties learned Single Judge found no merit and substance in the writ petition and dismissed it holding that appellant was the only beneficiary of fraud. 4. Learned counsel appearing for the appellant has reiterated the submission made before the learned Single Judge. We find no merit and substance in the contention. The stand taken by the appellant that he lost original documents in the flood of 1996-97 are nothing, but afterthought to cover up his fraud because the record of the University reveals that he had not passed the graduation examination and without passing the graduation examination he was not eligible to take admission in the post graduation course. Learned Single Judge has dealt with the issue in detail including the right of hearing to the appellant and after considering the judgment has rejected the contention. 5. It is no longer in res-integra and it is well established principle of law that principles of natural justice should not be stretched too far and the same cannot be put in a straitjacket formula. See (2004) 6 SCC 325-Vice-Chairman, Kendriya Vidyalaya Sangathan and Another v. Girdharilal Yadav. In an intra Court appeal, this Bench does not sit in over as an appellate Court, but sitting as a Court of Correction, corrects its own orders on the same jurisdiction as it is vested in the Single Bench. Such is not an appeal against an order of a subordinate Court. In an intra Court appeal, this Bench does not sit in over as an appellate Court, but sitting as a Court of Correction, corrects its own orders on the same jurisdiction as it is vested in the Single Bench. Such is not an appeal against an order of a subordinate Court. In such appellate jurisdiction, we exercise the powers of a Court of error so understood the jurisdiction under the Letters Patent is quite distinct, in contrast to what is ordinarily understood in procedural language. See (1996) 3 SCC 52 - Baddula Lakshmaiah v. Sri Anjaneya Swami Temple. 6. In view of the foregoing, we find no merit and substance in the writ appeal. The same is hereby dismissed and the order of learned Single Judge be implemented.