- (1.) Heard Sri Rajiv Mishra, learned counsel for the petitioner and Sri Anil Tiwari, learned counsel for Mahatma Gandhi Kashi Vidyapeeth, Varanasi (hereinafter referred to as ''the University') and its authorities respondents No.2 to 4. Petitioner No.1 is Committee of Management of Keshav Prasad Ralhi Mahavidyalya, Nardhua, Aurai, District Sant Ravidas Nagar, Bhadohi (hereinafter referred to as ''the College'). Petitioners No.2 & 3 are Manager and Principal of the College. Petitioners' college is affiliated with the respondent University. Students of several colleges affiliated to the University were found indulging in mass copying with the connivance of the college administration. Accordingly, 15 colleges were imposed fine of Rs.3 lacs each including petitioner college. The surprise raid was conducted on 30.03.2012. The result of B.A.-I, II and III year students of the petitioner college for the Session 2011-12 was withheld. Through order dated 07.08.2012 Examination Controller of the University respondent No.5 passed the order imposing fine/ penalty of Rs.3 lacs upon the petitioner college and cancelling the examination held in the first meeting on 30.03.2012. Copy of the said order is Annexure-VIII to the writ petition.
(2.) Through this writ petition order dated 07.08.2012 has been challenged and a direction has been sought to the University respondent and its authorities to declare the result of B.A.-I, II and III year of the students who had appeared in the examination.
(3.) The main contention of learned counsel for the petitioners is that the impugned order dated 07.08.2012 mentions that decision had been taken in the meeting of the Examination Committee of the University on 24.03.2012 to impose fine of Rs.3 lacs upon the petitioner college on the ground that flying squad confirmed that mass copying was going on in the first session examination on 30.03.2012 in the petitioner college. The argument is that on 24.03.2012, decision could not be taken in respect of the incident which was to occur on 30.03.2012. In this regard copy of interim order dated 03.09.2012 passed in a similar writ petition being W.P. No.44002 of 2012, Shyam Mahavidyalya and another Vs. State of U.P. and others has been filed.;