R.R.Yadav, J. - (1.) Heard the learned Counsel for the petitioner and learned Counsel representing respondent Nos. 1 and 2. Respondent No. 3 is proforma respondent and no one is appearing after due services of notice upon him.
(2.) Perused the averments made in the writ petition as well as in the counter affidavit filed by respondent Nos. 1 and 2. It is averred by the contesting respondents No. 1 and 2 in paragraph 4 of their counter affidavit that while the petitioner was appearing in LLB Part III Examination on 12th December, 2000, the Flying Squad recovered unauthorized material from the ground in front of the seat of the petitioner. The Centre Superintendent endorsed the aforesaid statement of the Flying Squad. The unauthorized material consists of two pages. The Head Examiner reported that the unauthorized material related to the question paper. The petitioner had also used the same while answering question No. 5. Subsequently, the show cause notice was issued to the petitioner and a copy of the same has been annexed as Annexure-5 to the writ petition. It is noticed from perusal of order sheet dated 28th February, 2002 that the case was argued before Hon'ble R.K. Agarwal, J. by learned Counsel for the petitioner. The learned Single Judge after taking into consideration the aforesaid averments made in paragraph 4 of the counter affidavit filed on behalf of respondents No. 1 and 2 directed their Counsel Sri Dilip Gupta to file an affidavit giving details of seating arrangement of LL.B. Ill year examination conducted on 12th December, 2000. But no such affidavit has been filed for the reasons best known to respondent Nos. 1 and 2 up till date.
(3.) It is contended by the learned Counsel for the petitioner that in view of averments made in paragraph 4 of the counter affidavit, the unauthorised material on the basis of which proceedings for unfairmeans had been initiated against the petitioner was not recovered from his seat or his possession. Direction of this Court dated 28th February, 2002 to file an affidavit disclosing seating arrangement of LL.B. III year examination conducted on 12th December, 2001 is not filed by respondents No. 1 and 2.;