( 1 ) KESHAV Prasad Yadav, petitioner herein has taken recourse to the remedy under Article 226 of the Constitution to seek quashing of an order dated l 2-9-95 passed by Controller of examinations, Banaras Hindu University, Varanasi whereby petitibnersb. Com. (Hon.) Part III,1994-95 examination has been cancelled on the ground of misconduct.

( 2 ) PETITIONER is a regular student of D. A. V. Degree College, Varanasi; an affiliated college of the University. He passed Part I and Part II examinations of B. Com. (Hon) from D. A. V. College and in 1994-95 he appeared in B. Com. (Hon.) Part III examination which was scheduled to be held between 19-7-95 and 16-8-95. On 28-7-1995 petitioner appeared in Elective A Paper III in the college centre. Though it was reported to the university by the centre superintendent that petitioner ran away on 28-7-95 from the examination hall without depositing his answer book which was given to him in the examination hall but petitioner unabated appeared in the following examinations on 3-8-95, 8-8-95 and 14-8-95 and also in the interview (viva-voce) which was held in the last on 16-8-95 as per examination schedule. Petitioner was served wit