D.H.SHUKLA, P.D.DESAI
SIDDHARTH MOHANLAL SHARMA – Appellant
Versus
SOUTH GUJARAT UNIVERSITY – Respondent
( 1 ) QUESTIONS of some importance in the field of admi- nistrative law arise in this appeal in the context of the exercise of disciplinary jurisdiction by a University over a student who is alleged to have misconducted himself at an examination. The question of the ambit of the power of the Court exercising writ jurisdiction to examine the validity of the findings of fact upon which the ultimate decision recorded by a disciplinary authority rests has been the subject-matter of a catena of decisions One of the rules which is well-established is that to find facts on no evidence is to err in law and that such an error attracts judicial review. What is meant however by no evidence ? Does it mean total dearth of evidence or lack of evidence reasonably capable of support- ing the findings ? This is principal question which directly falls for consideration herein. The subsidiary question is as to when can the quantum of penalty which is within the exclusive domain of the discipli- nary authority be reviewed in writ jurisdiction. These questions require examination in the context of the fact situation set out hereunder.
( 2 ) THE appellant (hereinafter referred to as the p
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