IN THE HIGH COURT OF ALLAHABAD
N. L. GANGULY
SURAT KUMAR PATNAIK - Appellant
Versus
KANPUR UNIVERSITY - Respondents
C. M. W. P. 1970 Of 1995
Decided On : 04/10/1995
Natural Justice - Withholding of Exam Results - The court held that the action taken by the respondents in withholding the exam results without giving notice or opportunity to the petitioners was against the rule of natural justice and cannot be allowed to stand.
Fact of the Case:
The petitioners claimed they were admitted in an examination but their results were withheld without notice or opportunity to be heard.
Finding of the Court:
The court found that the petitioners were eligible for admission and their results should not have been withheld without following the principles of natural justice.
Issues: Withholding of exam results, irregular admission, violation of natural justice
Ratio Decidendi: The action taken by the respondents in withholding the exam results without following the principles of natural justice was against the rule of natural justice and cannot be allowed to stand.
Final Decision: The writ petition was allowed, and the respondents were directed to declare the results of the petitioners within three weeks and allow them admission to the next level of the course.
( 1 ) IN this writ petition, the petitioners claim that they were admitted in B. Sc. (Ag. Part I) examination which was conducted by the Kanpur University from Kulbhaskar Ashram Degree College, Allahabad. After examination, the result of all other students appeared was declared and it was revealed that the names of the petitioner were not there in the list of successful candidates. On enquiry it was revealed that the petitioners result was not declared and was withheld. It has been said that the petitioners had appeared in the examination of B. Sc. (Ag. Part I) after submitting their application for examination and deposited the examination fee appeared in the examination along with the other students. There was no justification for withholding the result of the petitioners since there was no complaint of use of any unfair means.
( 2 ) COUNTER and rejoinder affidavits have been exchanged by the parties. In para 5 of the counter-affidavit, it has been stated by therespondents that the petitioners were not duly admitted in Kulbhaskar Ashram Degree College, Allahabad after the admission test which was conducted by the Principal, Janta College, Bakewar, Etawah, who was the convener of the said entrance examination. It has been said that the petitioners names were not mentioned in the list of successful candidates of Kulbhaskar Ashram Degeee College, Allahabad, as such they were not entitled to be admitted and their admissions were irregular and they could not be permitted to appear in the examination and their results (sic) be declared.
( 3 ) IT is not disputed that before taking such a serious action against the petitioners, no notice or opportunity was given to the petitioners that they are going to be withheld and their entire exercise for appearing in B. Sc. (Ag.) was going to be cancelled by the authorities. There is no doubt about it that the action taken by the respondents was against the rule of natural justice cannot be allowed to stand. It is not disputed that the petitioners were Intermediate passed and their mark sheet has been annexed with the writ petition. It is not disputed that they are eligible to be admitted in B. Sc. (Ag. ). That be so, the petitioners cannot be made to suffer because of some irregularity at the end of the authority conducting the entrance examination.
( 4 ) THE writ petition is allowed. It is directed that the respondents Nos. 1 and 2 shall declare the results of the petitioners within a period of three weeks from the date of filing of a certified copy of this order before them. The petitioners, if declared to be successful in B. Sc. (Ag. Part I), shall be entitled for admission to B. Sc. (Ag. II ). Petition allowed.
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