IMPORTANT POINT
An administrative order is only effective when communicated to the affected party, and failure to provide a fair hearing or necessary materials constitutes a violation of natural justice.

JUDGMENT :

Hon'ble Alok Mathur, J.

1. Heard Shri Sidharth Nath Singh, Advocate holding brief of Shri Avinash Chandra, learned counsel on behalf of the petitioner and learned Standing Counsel on behalf of the respondent no.1 and Shri Savitra Vardhan Singh, appearing on behalf of the Lucknow University- respondent no. 2 to 5.

2. The present case clearly demonstrates callous and negligence attitude and actions of the Lucknow University with regard to the petitioner, who was a student of B.Sc. 3rd year and had appeared in the examinations in 2009. The result of the said examinations were declared, but the result of the petitioner was withheld. Subsequently, the petitioner came to know that the result has been withheld on account of certain allegations attributable to the petitioner, according to which the answersheets were manipulated in six subjects.

3. Despite repeated attempts made by the petitioner, no order was passed by the respondent-University either scoring her answersheets in the aforesaid subjects nor passing any order which may indicate her misconduct due to which the said examination was cancelled. No order was passed by the Lucknow University till a show cause notice was given to the petitioner for the first time on 20.02.2010. In the said show cause notice dated 20.2.2010 passed by the office of the Controller of Examination the petitioner was asked to respond to the allegations with regard to the subjects which were coded as S-648, S649, S-650, S-671, S-672 and S-673 the answersheets were transplanted and the petitioner was directed to respond to the said allegations within a period of 15 days. The petitioner duly responded to the said show cause notice by a reply dated 12.03.2010 and denied the said allegations and further stated that she was never made aware of the aforesaid allegations. After submitting a reply on 12.03.2010, the respondent University did not communicate any decision in pursuance of the show cause notice given to the petitioner.

4. It seems that the Lucknow University on receiving the response of the petitioner had constituted an Examination Committee to take a decision with regard to the petitioner. It has been informed that the said committee came to a decision on 21.05.2012 to the effect that the petitioner be permitted to appear as an exempted candidate in the year 2012-13 and also took a decision that her examinations in the year 2009 stood cancelled. There is no dispute that the decision of the examination committee dated 21.05.2012 was never communicate to the petitioner and it is on account of the said fact that the petitioner could not even appear in 2012-13 examination. It seems that respondent University realised their mistake that the order of the Examination Committee dated 21.05.2012 was never communicated to the petitioner, and in the meanwhile the petitioner had approached this Court by filing a writ petition being Writ Petition No.6992 (MS) of 2014. It is during hearing of the said writ petition, Counsel for the Lucknow University informed the Court that a decision in this regard has been taken by the University on 15.11.2014. When the counsel for the petitioner was informed about the fresh decision having been taken by the Lucknow University, he prayed for dismissal of the the writ petition as withdrawn with a liberty to file afresh petition assailing the decision of the Lucknow University. It is the subsequent decision dated 15.11.2014 passed by the Examination Committee that the present writ petition has been filed by the petitioner.

5. A perusal of the order dated 15.11.2014 would clearly indicates that there is no finding the petitioner had in fact transplanted the answersheets and was guilty of misconduct. For sake of convenience, paragraph No.1(v) of the said order is quoted herein below:-

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