Back
HIGH COURT OF ALLAHBAD
MUKERJI, J.
Laxmi Narayan Acharya
Versus
Lt. Col. C.B. Mahajan
Civil Misc. Writ Petn. No.272 of 1954
Decided On : 25-02-1955
UNIVERSITY - DEGREES - CANCELLATION - JURISDICTION - AGRA UNIVERSITY ACT, 1926, SS. 4(2), 34 - STATUTE 2 - UNIVERSITY HAS NO POWER TO CANCEL A DEGREE ONCE CONFERRED, UNLESS AUTHORIZED BY STATUTE OR REGULATION - RESOLUTION OF EXECUTIVE COUNCIL CANCELLING PETITIONER'S B.A. DEGREE QUASHED.
Fact of the Case:
Petitioner, a teacher, applied to Agra University for permission to take the B.A. examination. Permission was granted, and petitioner took and passed the examination. The University subsequently discovered that petitioner was not a whole-time teacher, as required by the University's Statute 2, and cancelled his degree. Petitioner challenged the University's decision, arguing that it had no power to cancel his degree once it had been conferred.
Finding of the Court:
The court held that the University had no power to cancel petitioner's degree. The court found that there was no provision in the Agra University Act, 1926, the Statutes, or the Regulations that authorized the University to cancel a degree once it had been conferred. The court also found that the Executive Council's resolution cancelling petitioner's degree was not supported by any findings of fact and was therefore arbitrary and capricious.
Issues: 1. Whether the University had the power to cancel petitioner's degree once it had been conferred. 2. Whether the Executive Council's resolution cancelling petitioner's degree was supported by any findings of fact.
Ratio Decidendi: The court held that the University had no power to cancel petitioner's degree once it had been conferred because there was no provision in the Agra University Act, 1926, the Statutes, or the Regulations that authorized the University to do so. The court also held that the Executive Council's resolution cancelling petitioner's degree was not supported by any findings of fact and was therefore arbitrary and capricious.
Final Decision: The court quashed the Executive Council's resolution cancelling petitioner's degree.
2. The petitioner applied to the Agra University which is a body corporate, constituted under an Act of the Local Legislature, namely, the Agra University Act of 1926 for among other things, conducting Examinations and awarding Degrees including the degree of Bachelor of Arts.
3. An application was made by the petitioner to take the Examination of Bachelor of Arts. The application was made by the petitioner in the prescribed form on 28-8-1950. The application was received in the office of the Registrar of the University on 6-9-1950. After a consideration of the application, permission was accorded by the University to the petitioner to take the Universitys Batchelor of Arts, Examination which was to commence in March of that year, namely, the year 1951. The petitioner took the examination and was declared successful. The result of the examination was published in the U.P. Gazette and therein the petitioner was shown as a successful candidate.
4. On 18-9-1951, one S.P. Jain drew the attention of the Registrar of the University to certain malpractices which had been resorted to by certain candidates who wrongly alleged themselves to be teachers in educational institutions. This letter of Mr. Jain made the University investigate into the matter. Investigation into the case of the petitioner led to the discovery that the petitioner was not a wholetime teacher at any educational institution. The petitioner was found to be a clerk in some educational office in Madhya Bharat. As a result of the enquiry the University came to the conclusion that the petitioner was not "a bona fide" teacher and that he had, therefore, "cheated" the University by making a kind of false declaration in his application form. By a resolution of the Executive Council - which is the highest executive body of the University - it was resolved that the petitioners "result of B.A. examination of 1951 be cancelled and this fact be notified in the U.P. Gazette".
Effect was given to this resolution of the Executive Council and the petitioners B.A. result was duly notified to have been cancelled by the University.
5. The petitioner has come up to this Court and he has challenged the power of the University to cancel his result after it had been declared and published in the Gazette.
6. Under S.4, Agra University Act of 1926, hereinafter referred to as the Act, the scope of the activity of the University has been indicated. Section 4(2) is in these words :
"(2) To confer degrees and other academic distinctions on persons who
(a) have pursued an approved course of study in an affiliated college and have passed the examinations of the University under conditions laid down in the Statutes or Regulations, or
(b) are teachers in educational institutions under conditions laid down in the Statutes and Regulations, and have passed the examinations of the University, under like conditions;..... (it is not necessary to quote the other provisions of this sub-section)".
The relevant Statute framed under the Act is Statute no. 2 which is in these words :
"A teacher who desires to enter for an examination must submit his application, in a prescribed form (stating the subject or subjects in which he desires to present himself for the examination), so as to reach the Registrar not later than September 15, preceding the examination and must send with his application the following :
(a) A certificate from the Principal of the College or the Higher Secondary School, or from the Head Master of the High School, in which the candidate is teaching or (in the case of teachers of High School below the High School standard
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
