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1964 Supreme(Pat) 16

R.K.CHOUDHARY, V.RAMASWAMI
Ajit Singh – Appellant
Versus
Ranchi University – Respondent


Judgment

1. In these two applications which have been heard together a common question of law arises for determination, namely, whether the resolution of the Syndicate of the Ranchi University, annexures I and 1 (1) to the counter-affidavit, and the order of the Ranchi university Annexure J to the counter-affidavit, debarring the petitioners from appearing at any University examination for the period noted against each of them, is illegal, ultra vires and without jurisdiction on the ground that there has been a violation of the principle of natural justice.

2. Cause has been shown on behalf of the respondents to whom notice of the rule was ordered to be given in both these applications.

3. The resolution of the Syndicate is based upon paragraph 21 of Ordinance IV which states as follows: --

"21. The syndicate may on its own initiative or on me report of any Principal and after such enquiry as may be deemed necessary, rusticate a student for any period, if the student is held guilty of gross misconduct or misbehaviour or has been found using any unfair means at any University examination."

4. On behalf of the petitioners the main argument put forward by teamed Counsel is that there w



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