Court No. - 19
Case :- WRIT - C No. - 30209 of 2018 Petitioner :- Divya Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vimlendu Tripathi,Kuldeep Johri Counsel for Respondent :- C.S.C.,Rohit Pandey
Hon'ble Manoj Kumar Gupta,J.
The petitioners are students of LLB in G. Singh Vidhi Mahavidyalaya, Kaseruwa Khurd, Sahson, Allahabad. The said institution is affiliated to Chhatrapati Sahu Ji Maharaj University, Kanpur. The instant writ petition has been filed with the grievance that the result of the petitioners relating to LLB IVth semester has not been declared so far. When the petitioners tried to ascertain why their result has not been declared, they came to know through the official website of the University that their result has been withheld on account of use of unfair means. When they contacted the Principal of the institution, they were informed that the matter is still pending before the Unfair Means Committee of the University. The petitioners have therefore prayed for issuance of a writ of mandamus commanding respondents 2, 3 and 4 to declare their result and also permit them to appear in Vth semester examination.
The respondent University has filed a counter affidavit and in which the stand taken by it is that the petitioners were caught using unfair means in the examination. A charge sheet was duly issued to them, but the petitioners failed to reply, therefore, the Unfair Means Committee submitted its report dated 14.3.2018 opining that use of unfair means by the petitioners is fully established. Based on the report of the Unfair Means Committee, the Examination Committee of the University decided to cancel the entire examination of the petitioners relating to IVth semester. Copy of the reports of the Unfair Means Committee and decision of the Examination Committee have been duly brought on record alongwith the counter affidavit.
Learned counsel for the petitioners submitted that the petitioners did not receive show cause notice as it was sent to the Examination Centre and not to the institution where they are studying.
Counsel for the respondent University does not dispute the said fact. He however, states that in the examination form, the petitioners had shown the name of the institution from which they are doing LLB course, as Prayag Mahila Vidyapeeth, which was infact the Examination Centre, and it was in view of the said incorrect disclosure by the petitioners that the notice was sent to the Principal of the Examination Centre.
From the aforesaid fact, it is clear that the show cause notice sent to the petitioners were not served upon them and consequently, they had not furnished any reply.
Counsel for the respondent University states that in case the petitioners now submit their reply to the show cause notice which have been filed alongwith the counter affidavit, the University will consider the same within two weeks and will take a fresh decision.
Counsel for the petitioners states that the petitioners would submit reply to the show cause notice annexed with the counter affidavit within a period of one week from today.
Accordingly and in view of the statement made by learned counsel for the parties, the writ petition is disposed of by providing that the explanation, if furnished by the petitioners within one week from today shall be considered by the respondent University in accordance with law within next two weeks and based on the said decision, the University will take further action in the matter. If it is found that the petitioners have not used unfair means, their result relating to LLB IVth semester examination shall be declared forthwith.
The writ petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 26.10.2018 skv