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1979 Supreme(Raj) 305

RAJASTHAN HIGH COURT
S.C.Agrawal, J.
Mahendra Mathur - Appellant
Versus
University of Udaipur And Ors. - Respondent
S.B. Civil Writ Petition No. 902 of 1978.
Decided On : 27-04-1979

For the Petitioner:N.N. Mathur, Advocate.
For the Non -petitioner No. 1 and 2:H.M. Parekh and D.B. Bhandari, Advocates.

The principles of natural justice require that a person accused of misconduct be given a fair opportunity to defend themselves, including the right to be informed of the allegations against them and to be provided with copies of any relevant documents.

Headnote:

UNIVERSITY - UNFAIR MEANS - NATURAL JUSTICE - OPPORTUNITY TO BE HEARD - ADEQUACY - REQUIREMENT OF DISCLOSURE OF ADVERSE MATERIAL - REASONS FOR DIFFERING FROM RESULTS COMMITTEE'S DECISION - NECESSITY.

Fact of the Case:

The petitioner, a student of the University of Udaipur, was accused of using unfair means in an examination. The Centre Superintendent reported the incident, and the Results Committee decided to cancel the petitioner's semester examination. However, the Executive Committee of the University reversed this decision and imposed the same penalty. The petitioner challenged this decision, arguing that he was not given a fair opportunity to defend himself and that the Executive Committee did not provide reasons for its decision.

Finding of the Court:

The court held that the petitioner was not given an adequate opportunity to defend himself because he was not provided with copies of the reports of the Invigilator and the Centre Superintendent, as well as the minutes of the meeting of the Results Committee. The court also held that the Executive Committee was required to provide reasons for its decision to differ from the Results Committee's decision.

Issues: 1. Whether the petitioner was given an adequate opportunity to defend himself against the allegations of unfair means? 2. Whether the Executive Committee was required to provide reasons for its decision to differ from the Results Committee's decision?

Ratio Decidendi: 1. The court held that the petitioner was not given an adequate opportunity to defend himself because he was not provided with copies of the reports of the Invigilator and the Centre Superintendent, as well as the minutes of the meeting of the Results Committee. The court reasoned that these documents were necessary for the petitioner to be able to effectively respond to the allegations against him. 2. The court held that the Executive Committee was required to provide reasons for its decision to differ from the Results Committee's decision. The court reasoned that this was necessary to ensure that the Executive Committee's decision was not arbitrary or capricious.

Final Decision: The court allowed the writ petition and quashed the notification imposing the penalty of cancellation of the Third Semester Examination on the petitioner.

JUDGMENT

1. - Mahendra Mathur, the petitioner in this writ petition filed under Article 226 of the Constitution is a student of the University of Udaipur (hereinafter referred to as 'the University'). He joined the postgraduate course for obtaining the degree of Master of Science in Chemistry of the University in the year 1976. The aforesaid postgraduate course is of a duration of two years consisting of four semesters. The petitioner has passed the First and the Second Semester examinations. The third Semester examination commenced from 10th April, 1978 The petitioner is reported to have used unfair means at the examination of course No. 611, Chemical Bonding held on 10th April, 1978. On 28th July, 1978, the Registrar of the University sent a communication to the petitioner, wherein it was stated that the Centre Superintendent had made a report on 10th April 1978, alleging that the petitioner was caught red handed while using a small sheet of white paper in the examination of Course No. 611 Chemical of MSC Chemistry Third Semester Examination and that when he was asked to hand over the same by the invigilator on duty, the petitioner had refused to hand over the sheet of paper and that the aforesaid case of un-fair means was considered by the Results Committee on 27th July, 1978 and the Committee had decided that the Semester examination of" the petitioner be cancelled as per the Rules of un-fair means By the communication aforesaid, the petitioner was required to show cause in writing within 7 days from the date of the receipt of the letter as to why the proposed punishment for use of un-fair means in the examination be not confirmed. After the receipt of the aforesaid communication from the Registrar, the petitioner, by his letter, dated 1st August, 1978, requested the Registrar of the University that he may be provided with copies of certain documents mentioned in the said letter. Amongst the documents of which copies were sought by the petitioner were the report made by the Centre Superintendent regarding his case on 10th April, 1978 and the copy of the minutes of the meeting of the Results Committee held on 27th, July, 1978 The Registrar of the University, by his letter dated August 2, 1978 informed the petitioner that copies of the report made by the Centre Superintendent as well as the minutes of the meeting of the Results Committee could not be supplied to the petitioner. On 3rd August, 1973, the petitioner submitted his reply to the show cause notice dated 28th July, 1978, where in he denied that he had used any un-fair means or had attempted to use un-fair means at the examination held on 10th April, 1978 and submitted that the entire case about the aforesaid use of unfair means by the petitioner was absolutely false and fabricated at the instance of one of the invigilators Dr, G.V. Bakora, who wants to spoil and ruin the career of the petitioner, In the reply aforesaid, the petitioner sought permission to cross-examine the complainant and the witnesses against the petitioner and also sought permission to lead his evidence In his reply, the petitioner further requested that his result may be announced without further delay. It appears that after the aforesaid reply of the petitioner, the mark-sheet for the Third Semester Examination was issued by the University to the petitioner on 8th August, 1978. According to the said mark sheet, the petitioner has secured in aggregate 70 6% marks, in the Third Semester examination & in the paper of Chemical Bonding Course No. 611, he has secured 55 marks out of 100. Thereafter by notification dated 5th December, i978, the Registrar of the University has notified that the-Executive Committee of the University, at its meeting held on 18th November. 1978 had confirmed the penalty awarded by the Results Committee to the candidates having used unfair means at the various examination of the University held in 1978 except in the case of the two candidates (including the petitioner) name






















































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