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High Court Of Rajasthan
Judgename : G.M.Lodha
SURESH KUMAR BAGARIA - Appellant
Versus
UNIVERSITY OF RAJASTHAN - Respondent
Civil Writ Petn. 1000 Of 1980
Decided On : 10/14/1980
UNIVERSITY OF RAJASTHAN - UNFAIR MEANS - CANCELLATION OF EXAMINATION - NATURAL JUSTICE - PRINCIPLES - COMPLIANCE - EVIDENCE - SUFFICIENCY - RELIEF - APPEARANCE IN SUPPLEMENTARY EXAMINATION.
Fact of the Case:
Petitioner, a student of First Year T.D.C. (Commerce), was caught using unfair means in the English paper. The University withheld his result and, after an enquiry, cancelled his examination and debarred him from appearing in any University examination for the year 1980. The petitioner challenged the order, contending that he was not guilty of using unfair means and that the University had not given him a proper opportunity to defend himself.
Finding of the Court:
The Court held that the University had not complied with the principles of natural justice in conducting the enquiry. It found that the petitioner was not given a clear and specific charge of unfair means and that the evidence against him was insufficient. The Court also held that the University's order was disproportionate to the offence, as it effectively barred the petitioner from pursuing his education for a year.
Issues: 1. Whether the University had complied with the principles of natural justice in conducting the enquiry against the petitioner? 2. Whether the evidence against the petitioner was sufficient to prove that he had used unfair means? 3. Whether the University's order was proportionate to the offence?
Ratio Decidendi: 1. The Court held that the University had not complied with the principles of natural justice in conducting the enquiry against the petitioner. It found that the petitioner was not given a clear and specific charge of unfair means and that the evidence against him was insufficient. The Court also held that the University's order was disproportionate to the offence, as it effectively barred the petitioner from pursuing his education for a year. 2. The Court held that the University had not complied with the principles of natural justice in conducting the enquiry against the petitioner. It found that the petitioner was not given a clear and specific charge of unfair means and that the evidence against him was insufficient. The Court also held that the University's order was disproportionate to the offence, as it effectively barred the petitioner from pursuing his education for a year.
Final Decision: The Court quashed the University's order and directed it to declare the petitioner's result for the First Year T.D.C. (Commerce) Examination, 1979. It also directed the University to allow the petitioner to appear in the Second Year Examination at the time of supplementary examinations.
G. M. Lodha, J.
( 1 ) SURESH Chand Bagariva petitioner, passed his Secondary examination in the first Division in the year 1977. In the Higher Secondary examination, he got second Division obtaining 57. 25% marks in the year 1978.
( 2 ) ACCORDING to Appendix a1, petitioner always obtained First Division marks in english from 6th to llth Class and it ranges from 64% to 82%.
( 3 ) THE petitioner appeared in the First year T. D. C. (Commerce) examinations, 1979. The examination of the English paper was held on 19-5-79, and the examinations were over by 22-5-1979. The result was declared on 18th August, 1979 but the petitioners result was withheld.
( 4 ) THE petitioners father sent a letter on 27th August 1979 enquiring about the reasons and requested for declaration of the result. The University of Rajasthan by a letter dated 8th September, 1979 conveyed that the petitioner has been caught using unfair means and therefore, the result has been withheld. Petitioner then sent letter dated 4-9-1979 which was replied on 25-10-1979. Another reminder was sent on 25th October, 1979 and in this, petitioner asserted that the allegation levelled against him was wholly baseless and the centre Superintendent has also verified that the petitioner was never caught using unfair means and no case of unfair means was referred by the Centre superintendent to the University-respondent.
( 5 ) SINCE the University-respondent did not send any further reply, petitioner again wrote on 12th November, 1979 a letter. (Ex. 7 ). Ultimately by letter dated 14th November, 1979, the University-respondent called upon the petitioner to appear before the Standing Committee considering the cases of unfair means, on 27th November, 1979.
( 6 ) PETITIONERs case is that before the Standing Committee, he asserted that he has not used any unfair means and he is a student of good academic record and the internal assessment report may also be perused. After that, petitioner submitted a representation on llth December, 1979 to the Vice-Chancellor. On 14th December, 1979, petitioner was informed that the University is taking action promptly and the reply would follow.
( 7 ) ON 1st January, 1980 petitioner sent another reminder and a telegram was also sent requesting that his result may be declared, so that he may seek admission in the Second year T. D. C. Ultimately, petitioner received a letter in the form of order dated 29th February, 1980 which reads as under:-
UNIVERSITY OF RAJASTHAN JAIPUR to suresh Kumar Bagaria (5112)Akhadiya Upbhogta Shakari Sangh ltd. Teh, Sabun, Churu (Raj.)No. F. 4 (1) Exam. /iii/um/79/7497-553 Dated 29 Feb. , 1980. She/he is informed that he/she was caught using Unfair means at iind year Com. Examination, 1979. After considering the case, the University has decided that his examination of 1979 be cancelled and he be further debarred from appearing at any University Examination for the year 1980. If he has appeared in uncovered/ uncleared subject (s) Paper (s) of a lower examination along with the higher examination, he should treat his lower as well as higher examination of 1979 as cancelled. Sd/-Asstt Registrar (Exam. III)"
( 8 ) THE petitioner then sent representation and telegram to Chancellor and the vice-Chancellor. Ultimately, filed this writ petition challenging the above order. Petitioner asserts that he was not guilty of adopting unfair means nor such allegation was made while he was appearing in examination of English and this later punishment is without any opportunity to him to show cause and without there being any allegation to that effect. He has submitted a photostat copy of the certificate dated 24-9-79 sent by the Principal, Lohiya College, Churu to the university that there had been no case of infair means against the petitioner.
( 9 ) PETITIONER submits that since the University did not decide his case and took long time, he attended classes of College, at Churu in Lohiya College, informally for taking coaching a
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