V. D. BHARGAVA, J.

( 1 ) THIS is a petition under Article 226 of the Constitution filed by one Mukand Madhav Singh, who after having passed his B. A. examination from the Agra University got admission to the ll. B. (Previous) of the Agra College in 1955. In 1956 he appeared in that examination but failed. In 1956 he got admission to M. A. (Previous) in Political Science of the Agra College. He appeared at the M. A. (Previous) examination in 1957 as a regular student and at the LL. B. examination as an ex-student. He succeeded in M. A. (Previous) but failed in Law again. He joined M. A. (Final) of the Agra university in 1957 and appeared in 1958 at the M, A. (Final) Examination and also as an ex-student in LL. B. (Pr, ). . He succeeded in both. The petitioner alleges that he obtained a third division in M. A. (Final); a true copy of the mark-sheet has been given by him in Annexure Y. The petitioner got his degree having passed his M. A. examination in the third division. He got himself admitted in LL. B. (Final) Class in July 1958 and he also resided there in the hostel.

( 2 ) THE petitioner alleges that since he had been the President of the Students Union and an active worker for the cause of the students and had staged a demonstration against University authorities and distributed leaflets, the University authorities were displeased with him. On 23-12-58 a letter was received by him to the following effect:

"you collusively contrived end obtained fraudulently the M. A. (Political Science) diploma of having passed the Agra University Examination held in March, 1958, in higher division than the one, namely, the Third division in which you were actually placed on the merits of your answers in the answer books written by you. This you did by manipulating and by getting the real marks obtained by you increased by tampering with the University Examination records. This action of yours is liable to deprive you of the diploma. "

In the same letter it was mentioned that he had made himself liable to criminal proceedings, that his action amounted to a scandalous misconduct, and that action was proposed to be taken against him under Section 34 (2) of the Agra University Act to withdraw the degree which had been conferred by the University. He was asked to show cause why the action should not be taken On 31-12-58 the petitioner sent an explanation as required by the Registrar, stating, inter alia, that according to the mark-sheet he had obtained a third division, and along with the explanation he sent the original degree in a registered cover.

( 3 ) THE Registrar of the Agra University by his letter dated 6-1-59 informed the petitioner that the original diploma of M. A. Political Science had not been received along with the petitioners explanation, and the petitioner was asked to send the original diploma. Thereafter correspondence ensued between the petitioner on the question whether the diploma had been enclosed along with the explanation or not. The petitioner also relied on a certified copy of the diploma which he had obtained and which was duly signed by a Magistrate.

( 4 ) THE Registrar of the Agra University by letter dated 21-1-59. informed the petitioner that his explanation dated 31-12-58 was considered by the University Authorities, and it had been recommended that his examination of 1958 be cancelled and he be debarred from appearing at any examination of the University for two years. The petitioner was also asked to explain why the proposed action should not be taken against him. The petitioner submitted his explanation by letter dated 9-2-59 and protested against the procedure adopted by the Registrar and made a grievance that no opportunity had been given of being heard.

( 5 ) IN June 1959 the result of the LL. B. (Final) Examination was published, but his name was not to be found. He made enquiry from the Registrar and then he came to know that his result had been struck off in the same manner as the result of the failed

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