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ALOK MATHUR
Priyanka Dubey – Appellant
Versus
State Of Uttar Pradesh Thru Prin. Secy. Higher Edu. Civil Sectt – Respondent
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 give
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.
Courts should not interfere in academic matters of educational institutions, unless or until same does not pass test of reasonableness or are violative of principles of natural justice.
If a candidate is found in mala fide possession of any material as indicated in the Rules, which is relevant to the subject examination, he shall be disqualified from appearing in any of the Universi....
The court held that the decision of the respondent authorities to disqualify the petitioner under Regulation 5(a) without finding mala-fide possession of material was non-speaking and cryptic, and fa....
Compliance with statutory provisions and principles of natural justice is essential in disciplinary proceedings, and any dismissal or penalty imposed must be in accordance with the law.
The court affirmed that admissions obtained through fraud are invalid, emphasizing that principles of natural justice do not apply in such cases.
The main legal point established in the judgment is that in domestic enquiries, the petitioner is not entitled to assistance of counsel as a matter of right, and the punishment of detention ordered b....
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