SUPREME COURT OF INDIA
.D. KOSHAL, V. BALAKRISHNA ERADI AND R.B. MISRA, JJ.
S. C. Udhawan, Appellant
Versus
Punjab University, Respondent.
Civil Appeal No. 1996 of 1970
Decided on 8-9-1981.
Constitution of India, 1950 - Article 226 - Punjab University examination - Right of University - In year 1964 appellant took a Punjab University examination in the third paper of M. Sc. Geology Course, Part II - His result was not declared because he was accused of having resorted to unfair means while answering paper - He filed a petition under Art. 226 of Constitution in High Court of Punjab & Haryana challenging right of University to withhold result but did not succeed - His Letters Patent Appeal also failed, and the present appeal before us is by special leave against judgment of Letters Patent Bench - Held, He is also now happily employed with Delhi School of Economics as a Lecturer in Economics - In this situation, appeal has really become infructuous and is dismissed on that account with no order as to costs - Court make it clear, however, that in circumstances of case imputation of the use of unfair means during examination held in 1964 and mentioned above would not be considered as a stigma for any future appointment or promotion which the appellant may seek - Appeal dismissed.
JUDGMENT
KOSHAL, J.:— In the year 1964 the appellant took a Punjab University examination in the third paper of the M. Sc. Geology Course, Part II. His result was not declared because he was accused of having resorted to unfair means while answering the paper. He filed a petition under Art. 226 of the Constitution of India in the High Court of Punjab & Haryana challenging the right of the University to withhold the result but did not succeed. His Letters Patent Appeal also failed, and the present appeal before us is by special leave against the judgment of the Letters Patent Bench.
2. It is stated at the bar that the appellant has since obtained the Masters degree in Economics from the Kurukshetra University in the year 1968 when he was awarded a first division and topped the list of successful candidates. He is also now happily employed with the Delhi School of Economics as a Lecturer in Economics. In this situation, the appeal has really become infructuous and is dismissed on that account with no order as to costs.
3. We make it clear, however, that in the circumstances of the case imputation of the use of unfair means during the examination held in 1964 and mentioned above would not be considered as a stigma for any future appointment or promotion which the appellant may seek.
Appeal dismissed.
For Citation : AIR 1982 SC 1212
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