A student cannot be condemned unheard without being informed of the definite allegations made against him in connection with the examination held by the University.

SARDAR ALI KHAN, J.

( 1 ) THE petitioner is a student studying B. Com. Degree Course in the second respondent-College. He has filed the application for the issue of a writ of certiorari calling for the records pertaining to the petitioner with role No. 60762 in proceedings No. NU/ SS. 2/ MEC/ 88-89 dated 7-7-1989 and quash the same by declaring the action of the respondents as illegal, arbitrary and in violation of the principles of natural justice and Art, 14 of the Constitution.

( 2 ) THE brief facts of the case are that the petitioner has completed his Intermediate course in April, 1982 and passed in second division. After completion of his Intermediate, he joined the Polytechnic College at Ongole and passed in first class. Throughout his career of his Intermediate and Polytechnic courses, no complaints have been made against him by the concerned institution. The petitioner claims that he has done exceedingly well in sports and athletic meets which are relevant for the purposes of this case.

( 3 ) THE petitioner appeared for the second year B. Com. Examination held in the month of April, 1989. According to him, at the time of writing the examinations, no one has complained that he has been indulging in malpractice. However, he received a Memo dated 11-6-1989 informing that his case comes under suspected mal-practice and as such he was directed to appear before the Malpractice Committee set up by the respondent-University. Except the said Memo, no material has been given to the petitioner about the accusations made against him or informing of the nature of the alleged malpractices indulged by him during the examinations. Thereafter, the impugned order dated 7-7-1989 has been passed by the respondent-University in which Item No. 3 states that the performance of the petitioner in all papers of the examinations held in April, 1989 stands cancelled and he is debarred from appearing in any University examinations for a period of five years from April, 1989 and he be detained in the same class and he shall be eligible to appear for the University examinations from April, 1994. It is this order of the University which the petitioner has challenged as being illegal, arbitrary and contrary to the principles of natural justice as it was without any notice or advance information of the allegations made against the petitioner.

( 4 ) IN the counter affidavit filed on behalf of the University, it is stated inter alia, that the petitioner was served with the Memorandum dated 11-6-1989 asking him to appear before the Mal-practice Committee but he failed to appear before the Committee without assigning any reason. It is also asserted that the petitioner was caught while resorting to malpractices in the B. Com. examination of April, 1989. He was caught red handed while copying in the-Telugu paper of II B. Com. , but he refused to receive the show cause notice from the college and threatened to assault anyone if any complaint is lodged against him. The further allegation against the petitioner is that there cannot be any complaint when there was a potential risk and threat to the lives and limbs of the persons concerned. The petitioner is only interested in continuing as a student, demanding promotion as a matter of right. In para 17 of the counter, while supporting the action taken against the petitioner, it is stated that the future of the college would be in peril if he is allowed to continue in the college. The University has to post three observers to hold the examination in the college where the petitioner was studying which speaks amply about the magnitude and seriousness of the situation created by the petitioner and his supporters. In other words, a reading of the counter filed by the University reveals that the petitioner has been terrorizing the principal, the staff and other students in the college and therefore it has become necessary to take action against him. So much so, some of the lecturers got themselves transferred and other

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