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CHANDRA DHARI SINGH
Saurav Anand – Appellant
Versus
Union Public Service Commission – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The instant petition has been filed under Article 226 of the Constitution of India read with Section 151 of the Code of Civil Procedure, praying as follows:
"i. Issue a writ in the nature of mandamus or any other appropriate writ/s, order/s, direction/s, directing the Respondent to set aside/quash the debarment letter dated 05.11.32018 issued by the Respondent and the proceedings, emanating therefrom, allowing the Petitioner to appear in all the future exams to be Conducted by the Respondent. and,
ii. Pass any other order/s or direction/s as this Hon'ble court may deem fit and proper be also awarded to the petitioner and against the respondents in the interest of justice."
2. The relevant facts leading to the filing of the instant petition are as follows:
a. The petitioner participated in the National Defence Academy/Naval Academy Examination II), 2018, which was scheduled for 9th September 2018.
b. It has been stated that during the examination, the petitioner was allegedly caught using a mobile phone and subsequently, was taken into custody.
c. Thereafter, the respondent issued a show cause notice dated 18th September 2018, to the petitioner, howev
The court emphasized the importance of challenging final orders and the limitations on granting relief not explicitly prayed for by the petitioner.
The court emphasized that punitive actions against students must adhere to principles of natural justice, including the right to a fair hearing before any disciplinary action is taken.
The court held that the decision of the respondent authorities to disqualify the petitioner under Regulation 5(a) without finding mala-fide possession of material was non-speaking and cryptic, and fa....
The need for an independent inquiry before debarment based on unfair means and the consideration of delay in approaching the court.
Debarment based on incorrect assumptions and without affording an opportunity of hearing is unjust and must be quashed, emphasizing the importance of following the principles of natural justice.
The judgment emphasizes the importance of affording a proper opportunity of hearing, considering explanations, and providing reasons in administrative decisions, in line with the principles of natura....
The court upheld the Respondent's decision to debar the petitioner from the examination due to serious misconduct, affirming adherence to natural justice principles.
The court affirmed the importance of natural justice, ruling that repeated debarments were a result of legal mala fides and arbitrary actions by authorities, warranting the quashing of the debarment ....
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