- (1.) ASHOK Bhushan, J. Heard Counsel for the petitioner and Sri A. B. L. Gaur appearing for the respondents-University.
(2.) BY this writ petition, the petitioner has prayed for quashing the order dated 17-11-2002 by which petitioner has been communicated that his result of B. Com-I of 2002 has been cancelled. Petitioner while appearing in examination of B. Com-I on 3rd April, 2002 was alleged to have adopted unfair means in the examination. Petitioner's copy was taken by flying squad and he was asked to fill-up the unfair mean form. A show-cause notice was issued to the petitioner on 7th April, 2002 alleging that two printed pages have been recovered from him. The petitioner submitted a reply to the said notice. Petitioner stated in the reply that he has not adopted unfair means in the examination and the chit which was said to be of petitioner did not belong to the petitioner. The University by the impugned order has cancelled his result of B. Com-I. The Counsel for the petitioner has submitted that unauthorised material did not belong to the petitioner nor the petitioner used the said unauthorised material.
(3.) LEARNED Counsel appearing for the University has produced the original records and has also filed a counter-affidavit. The original records produced by the learned Counsel appearing for the University show that in the examination hall when the petitioner was asked to fill up unfair mean form he denied the allegation and stated that someone else has thrown the material. The examiner in his report has also stated that petitioner has not used the material. The examination committee passed following order-"cancellation of B. Com-I result 2002".;