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1978 Supreme(Cal) 407

SABYASACHI MUKHARJEE
MADAN MOHAN VARMA – Appellant
Versus
UNIVERSITY OF CALCUTTA – Respondent


SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application by three petitioners who claim to have been candidates in the last LL. B. examination held by the University of Calcutta. In this application they challenge the action of the University in cancelling the said LL. B. Examination and the resolution passed by the University Council on the 11th May, 1978 and postponing the other papers of the said examination. It appears that on the 3rd May, 1978, 5th May, 1978 and on 10th May, 1978 final LL. B. Examination was held of the following subjects: Rules of Court, Drafting and Pleading and Law of Equity. Examination of three other papers, viz. , Company Law, Labour Law and Taxation had yet to take place when the cancellation order was passed. The ground for cancellation of the said examinations and of postponing of the rest of the examinations was stated by the University to be 'mass copy-ing' by most of the examinees in the examination as so far held. On behalf of the petitioners it was contended that there were no materials before the University to come to the conclusion that there had been mass copying and as such the action of the University was not justified. It was urged that the sa



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