AGRA UNIVERSITY Vs. ASHOK KUMAR ARORA
LAWS(ALL)-1975-8-30
HIGH COURT OF ALLAHABAD
Decided on August 27,1975

AGRA UNIVERSITY Appellant
VERSUS
ASHOK KUMAR ARORA Respondents

JUDGEMENT

K.B.Asthana, C.J. - (1.) SPECIAL appeals Nos. 150 of 1975, 151 of 1975, 184 of 1975 and 195 of 1975 were consolidated for hearing as the subject-matter involved in these appeals is similar.
(2.) THESE appeals were heard by us on August 8, 1975 and we dis missed each one of them without giving our reasons, which we are pronouncing now. B.S.A. College, Mathura was one of the many Centres for hold ing of the examinations of B.Sc. Part II of the year 1974 of the Agra University, hereinafter called the 'University'. Ashok Kumar Arora, who is appellant in Special Appeal No. 195 of 1975, and the respon dents in Special Appeals Nos. 184 of 1975 and 151 of 1975 appeared in the said examination. Likewise the respondents in Special Appeals Nos. 150 of 1975 and 184 of 1975 were also examinees in the said exa mination. The results of the abovenamed candidates and of some other candidates who appeared at the B.S.A. Centre were withheld -In due course the results of others were released but not of the abovenamed candidates. They were eventually served with notices charging them for having used unfair1 means in one of the papers of Mathematics. They were asked to submit their explanation and ap pear before a sub-Committee appointed by the Examinations Com mittee of the University. The Examinations Committee found them guilty of having used unfair means, cancelled their examination of 1974 and debarred them from appearing in the examination of 1975. Ashok Kumar Arora then filed writ pe tition No, 134 of 1975 in this Court, the respondents to Spe cial Appeal No. 151 of 1975 filed writ petition No. 761 of 1975 and the respondents of Special Appeal No. 184 of 1975 filed writ peti tion No. 195 of 1975. The petitioners in all the three writ petitions questioned the validity of the action taken against them and sought for a mandamus for releasing their results of 1974 after quashing the order of the Examinations Committee. Two writ petitions were dis posed of by a common judgment while the third was decided in terms of the common judgment. Before the learned Single Judge a state ment was made on behalf of the University that if the petitioners applied again to the Vice Chancellor of the University, he was ready to have their cases reconsidered.
(3.) THE learned Single Judge acting upon this concession did not grant any mandamus as prayed for. How ever, the learned Single Judge accepted the contention raised on be half of the petitioners that the Examinations Committee of the University had no power to debar the petitioners from appearing at any future examination and quashed to that extent the order of punishment passed by the Examinations Committee. The learned Single Judge further issued a direction that in case the petitioners made applications within one week for reconsideration of the matter, the University would reconsider the matter within one month there of and do the needful. The petitioners of writ petition No. .761 of 1975 seem to have been satisfied with the result. However, the Uni versity feeling aggrieved filed three Special Appeals against the ver dict of the learned Single Judge in each of the three writ petitions. Ashok Kumar Arora filed Special Appeal No. 195 of 1975 praying that a mandamus for declaration of his result be issued.;


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