K.P. Singh, J.

1. Plaintiff appellant was a student of B. A. in the year 1983-84 in Nanak Chand Anglo Sanskrit Degree College, Meerut which was affiliated to Meerut University. His Roll Number was 560248. He had appeared at the B. A. Final examination and his result was cancelled on the ground that he was found guilty of using unfair means. The plaintiff had challenged the decision on the ground that he was not afforded any reasonable opportunity to explain his stand, therefore, the suit for declaration that the decision of the sub-Committee regarding cancellation of the plaintiff's examination of May, 1984 is void.

2. The claim of the plaintiff was contested by the University on various grounds as is evident from the issues framed in the trial court's judgment. The trial court through its judgment dated 31-8-1985 accepted the claim of the plaintiff and granted the declaration sought for. Aggrieved by the decision of the trial court, Meerut University preferred an appeal which has been allowed by the first appellate court through its judgment dated 28-1-1986. Against tbe judgment of the appellate court the plaintiff has preferred the above noted second appeal.

The appellate