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1982 Supreme(MP) 342

G.G.SOHANI, K.N.SHUKLA
ARUN KUMAR PATERIA – Appellant
Versus
VIKRAM UNIVERSITY, UJJAIN – Respondent


Advocates Appeared:
KULSHRESHTHA, L.P.BHARGAV, M.Bhatnagar

SHUKLA, J.

( 1 ) THIS is a petition under Article 226 of the Constitution of India.

( 2 ) PETITIONERS are students of B. E. (Bachelor of Engineering) Course, studying at Government Engineering College, Ujjain. Non-applicant No, 4 is the Principal of the said college.

( 3 ) NON applicant No. 4 issued charge-sheets to the petitioners alleging indiscipline, misbehaviour and other acts of misconduct. Petitioners filed replies denying the charges set out in the charge-sheets. Thereafter the Principal (respondent No, 4) passed an order dated 37-7-1981 (annexure 13) debarring petitioners from appearing in the main examination and the second supplementary examination for the academic session 1981. It is this order which has been challenged by the petitioners.

( 4 ) THE grounds of challenge are that the impugned order is in contravention of the provisions of the Vishwavidyalaya Adhiniyam (Adhiniyam hereinafter) and the Ordinance made thereunder. The Principal did not afford personal hearing to the petitioners and thereby committed a breach of the mandatory provisions of the Adhiniyam and also contravened the principles of natural justice.

( 5 ) IN the return filed by respondents 1. 2 and 3








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