Dilip Gupta, J. - (1.) The petitioner, who had taken admission in B.Ed. in the academic session 2004-05 in the Babu Ram Singh, Bhay Singh Memorial Degree College, Babralla, Badaun (hereinafter referred to as the 'Institution') which is affiliated to Mahatma Jyotiba Phooley Rohilkhand University, Bareilly (hereinafter referred to as the 'University'), has filed this petition for quashing the order dated. 28th January, 2009 passed by the University by which the B.Ed. Examination 2005 result has been cancelled for use of unfair means at the said Examination.
(2.) It is stated that the petitioner appeared at B.Ed. 2005 Examination as a regular student but the result of the petitioner was not declared. The petitioner appeared as an ex-student in the next B.Ed. 2006 Examination but as the marksheet was not issued to the petitioner, Writ Petition No. 38783 of 2007 was filed which was dismissed and the Special Appeal filed against the said judgment was also dismissed with the observation that the petitioner may apply for appearing at the 2005 improvement examination, since in the meantime the 2005 Examination result had been declared by the University. The petitioner appeared at the said improvement examination in paper No. 1, but the University cancelled the B.Ed. 2005 Examination result as the petitioner had resorted to use of unfair means in the improvement examination.
(3.) In the counter affidavit filed by the University, it has been stated that the B.Ed. 2005 Examination result of the petitioner was earlier not declared by the University since the petitioner had not mentioned the enrollment number. The petitioner appeared as an ex-student in the B.Ed. 2006 Examination by wrongly stating that she had failed at the B.Ed. 2005 Examination, whereas the result of the said examination 2005 Examination result had not been declared by the University and it is for this reason that the B.Ed. 2006 Examination result was not declared by the University. When the petitioner furnished the enrollment number, the University declared the B.Ed. 2005 Examination result but the petitioner submitted an application for appearing at the improvement examination. However, when the petitioner was appearing at the improvement examination in Paper I, a piece of printed paper on both sides was recovered from the possession of the petitioner by the Invigilator. The Examiner reported that the unauthorised material that was recovered from the possession of the petitioner related to the subject paper, though the petitioner had not utilised the said material in answering the questions. In accordance with the Ordinances framed by the University for use of unfair means at the examination, the University cancelled the B.Ed. 2005 Examination result.;