JUDGMENT :

B.R. Sarangi, J.

1. The petitioner, who is a student of LL.B. course at Rourkela Law College, has filed this application to quash the notification No. 5445/C.C.IV dated 20.12.2012 in Annexure-4 issued by Assistant Controller of Examinations penalizing him for taking recourse to unfair means at the 1st Semester LL.B Examination 2011 by canceling his result of the examination and debarring him from appearing in any examination prior to examination of 2013. He further seeks for a direction to the opposite parties to publish his result of 1st semester LL.B. Examination 2012 and allow him to appear in the last 6th Semester Examination of LL.B conducted by the Sambalpur University.

2. The short fact of the case in hand is that the petitioner enrolled himself into LL.B. Course in Rourkela Law College in the year 2009. He appeared in the 1st Semester LL.B. Examination in 2009-2010, but could not succeed. Therefore, he appeared in 1st semester LL.B Examination of 2011 having Roll No. 0509NLLB036. His result of 1st Semester Examination 2011 was withheld on the ground that while appearing in paper-II of the said examination on 14.01.2012 he had adopted unfair means. When the result remained withheld and no action was taken by the University authority till filling up the form for 1st Semester LL.B Examination 2012, he filled up the form on 13.10.2012. Then a notice dated 09.11.2012 was issued to him to show-cause why action shall not be taken against him for violating the rule of examination to which he replied denying all the charges and also appeared before the inquiry committee. When the enquiry process was going on the Assistant Registrar/C.O.E. of Sambalpur University issued Admit Card to him authorizing him to appear in the 1st Semester LL.B Examination, 2012. Accordingly, the petitioner appeared in the examination which started on 08.12.2012 and finished on 22.12.2012. After completion of 1st Semester LL.B Examination, 2012 he received the impugned letter under Annexure-4 dated 26.12.2012 on 20.12.2012 after the said impugned letter, the petitioner was penalized with remark that his result of the examination has been cancelled and he has been debarred from appearing in any examination prior to 2013. The petitioner along with other three students namely, Kumar Vivek, Ajit Toppo and Sushil Kumar Sahoo to whom notices were issued to explain why disciplinary action will not be taken against them for violation of examination rules while appearing in Paper-II of the 1st Semester LL.B Examination, 2011. So far as Ajit Toppo and Sushil Kumar Sahoo as mentioned above in the said impugned letter are concerned it was mentioned that they were penalized earlier with remarks against their name as “Result of the Examination is cancelled”. The said examinees also had appeared in the 1st Semester LL.B Examination, 2012 along with the petitioner and both of them cleared their paper whereas the result of the petitioner again was withheld. But, subsequently opposite party nos.2 and 3 claimed that the petitioner was in possession of incriminating materials while examination of Paper-II of 1st Semester LL.B Examination, 2011 was in progress. No signature of the petitioner had been obtained nor such incriminating materials had been recovered from the petitioner and no endorsement was obtained from the petitioner. The petitioner has completed 2nd, 3rd, 4th and 5th Semester during his study period. As he has not cleared his 1st Semester LL.B Examination, 2011, he has not been allowed to appear in 6th Semester LL.B Examination. Therefore, the petitioner approached this Court by filing W.P.(C) No.14292/2014 which was disposed of by order dated 06.08.2014 directing to consider the representation filed by the petitioner within a period of six weeks.

After expiry of the said period since no action was taken Contempt Petition No.1027/2014 was filed and notice was issued to the contemnor/opposite party. In any case finding no other way, the petitioner has