The court upheld the university's decision to cancel examinations due to proven use of unfair means, affirming that due process was followed, according to the governing ordinance.

JUDGMENT

Mr. Sandeep Moudgil, J.

The jurisdiction of this court has been invoked under Article 226/227 of the Constitution of India for the issuance of writ in the nature of Certiorari quashing communication dated 11.10.2023 (Annexure P-2) directing the petitioners to appear before the Standing Committee, communication dated 17.10.2023 cancelling the entire examination in which petitioners appeared (Annexure P-4) and communication dated 20.10.2023 rejecting the application dated 18.10.2023 filed by the petitioners for reconsideration of Annexure P-4 (Annexure P-7) which has been passed by the respondent no.3 illegally, arbitrarily, unconstitutionally. Further to issue writ in the nature of Mandamus directing respondents to permit the petitioners to continue with and attend the regular classes for the current academic year and also to constitute an Independent High Powered committee to look into the discrepancies in conducting the examinations at the exam centre.

2. The essential skeletal material facts are that the petitioners after clearing National Eligibility-cum-Entrance Test (NEET) in 2021, got enrolled in MBBS course for a tenure of five and half years in Adesh Medical College and Hospital, Shahbad (Respondent no.6) affiliated to Respondent no.2 University. As per the rules of the University it is mandatory to clear all the examinations to be promoted to the next academic year. The annual examinations of the first academic year was scheduled between 9.02.2023 to 19.02.2023 and the petitioners were allotted centre at Shri Krishna Govt Ayurvedic College, Kurukshetra (Respondent no.7) having following roll no's :-

3. The respondents No.2 to 5-University announced the result on 09.03.2023 wherein the petitioners were declared 'PASSED' and copies of the Result-cum-Detailed Marks were issued by Controller of Examinations. Respondent no.3, on 03.05.2023 (Annexure P-1). Accordingly, the petitioners were promoted to the 2nd year for which the classes are stated to have commenced from 13.03.2023 onwards which the petitioners are regularly and diligently attending.

4. Mr. Ashwani Chopra, learned senior counsel taking up cause of the petitioners contend that respondent no.3-University issued a communication dated 11.10.2023 (Annexure P-2) whereby the petitioners were heedlessly directed to appear before the Standing Committee on 12.10.2023 at 10.30 am, in his office. The Sr. counsel also asserts that the notice calling upon the petitioners is only qua those, whose name starts with 'S' alphabet, in response to which, the petitioners swiftly appeared before the Standing Committee on 12.10.2023 and categorically denying allegations.

5. The learned senior counsel for the petitioners further argues that to the utter dismay of the petitioners, respondent no. 2-University haphazardly cancelled the entire examination in which the petitioners had appeared and aggrieved against such an action, an application dated 18.10.2023 was submitted to respondent no.3 for reconsidering the order dated 17.10.2023 (Annexure P-5). Mr. Chopra states that though such application was considered, but the respondent university sticking to its earlier decision issued another Memo dated 20.10.