1. The petitioner had taken B.A 3rd year, Session Nov. 2007 Jan. 2008, examination under Roll No. 23782. The examination was conducted in the premises of Government Degree College Tral. The petitioner was declared to have passed the said examination. Subsequently, it was complained and alleged that Roll numbers and Serial numbers on the answers books, consumption register and attendance sheets of the candidates of B.A/B.Sc/ B.Com 3rd year examination Session Nov-Dec 2008 were tampered and changed during the conduct of examination at Centre No. 148 of Govt. Degree College Tral. It was brought to the notice of Principal Govt. Degree College Tral by Dy. Controller of Examinations University of Kashmir that the tampering has been done in English-A, English- B; Political Science -A, Political Science-B; Urdu-A, Urdu -B and Education-A, Education-B papers to allegedly benefit the petitioner who had taken the examination under Roll No. 23782. The Principal Govt. Degree College Tral was requested vide communication dated 31st of March 2008 to investigate the matter, fix responsibility and submit detailed report to the office within five days. It was also alleged that the petitioner did not appear before the Enquiry Committee, notwithstanding this fact that he was afforded opportunity.

2. In terms of communication dated 10th April 2008, Zonal Education Officer Tral was informed by Assistant Controller Tabulation that in view of the alleged fraud and tampering of Roll Nos. on the answer books of candidates at examination centre Govt. Degree College Tral, the B.A 3rd year result of petitioner has been amended/cancelled and he has been booked under unfair means category. The authority was informed that the matter be further investigated for fixing the responsibility of this kind of unfair means so as to enable the authority to award punishment to the guilty.

3. The petitioner being aggrieved of the aforementioned communication, challenged the same in this writ petition, and has further prayed for issuance of writ of mandamus to direct the respondents to consider the petitioner to have qualified B.A III year examination on the basis of the declaration of result dated 7th Feb. 2008.

4. On notice issued, respondents have filed reply affidavit/objections. The aforementioned allegations have been reiterated in their pleadings by the respondents. Besides cancelling the examination of the petitioner in view of the record produced by Mr. J.A. Kawoosa learned counsel for the University of Kashmir, the petitioner has been also awarded punishment of disqualification from appearing and passing any University examination for a period of five years. This decision, however, is not in challenge in the writ petition. The Xerox copy of same is taken on writ record.

5. Mr. M. Ashraf Wani learned counsel for petitioner, vehemently argued that while cancelling the result of petitioner, the respondents have failed to comply with the minimum requirement of Principles of Natural Justice, in as much as, he has not been afforded opportunity of hearing before cancelling the result of B.A. 3rd year examination. Learned counsel further submitted that the petitioner has not indulged in any type of unfair means in the examination. Learned counsel further submitted that had the respondents afforded opportunity of hearing to the petitioner, the impugned order in the writ petition would not have been passed as the petitioner would have been in a position to satisfy the respondents about his innocence. Learned counsel in support of his contention referred to and relied upon case titled Dr. Shahnaz Dar v. M.C.I and ors reported in 2010(11) S.L.J 542 and submitted that the petition be allowed.

6. Mr. J.A. Kawoosa, learned counsel for the University submitted that on receipt of complaint about petitioner's alleged involvement in the unfair means in the B.A. 3rd year examination, in order to arrive at proper conclusion Principal Govt. Degree College Tral was ordered by the Universi

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