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2024 Supreme(All) 108

MANOJ KUMAR GUPTA, DONADI RAMESH
Amity University – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rahul Chaudhary
For the Respondent: Ajal Krishna, Rijwan Ali Akhtar, Siddharth Khare

JUDGMENT :

MANOJ KUMAR GUPTA, A.C.J.

1. The instant intra court appeal under Chapter VIII Rule 5 of the Rules of the Court is directed against the judgment of learned Single Judge dated 02.08.2023 by which the writ petition filed by the second respondent (student) was allowed and the order dated 25.02.2020 rusticating him for six months, the appellate order dated 16.03.2020 passed in appeal reducing the period of rustication to three months, were quashed. The appellant-University was also directed to issue a fresh mark sheet to the student treating him as a regular student and to evaluate him out of 100 marks, which had the effect of removing the ‘B+’ Cap and also not make any reference to the disciplinary action taken against the student in the mark sheet and delete the endorsement “reappearance in September, 2020”.

Facts:

2. The second respondent (student) was admitted to B.Tech Course (Computer Science) in the appellant-University in the academic session 2016-2020. He cleared six semesters till April, 2019. While in 7th Semester, he was suspended by order dated 15.11.2019 with immediate effect by appellant no.4 for act of indiscipline by indulging in marking of unauthorised and fake

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