Hirdai Narain Seth,J. - (1.) As in these two petitions common questions of facts, and law are involved, they can be disposed of by one judgment.
(2.) Whereas Petitioner in Writ Petition No. 4604 of 1976 is Shashi Prakash, Writ Petition No. 1949 of 1977 has been filed by Ashok Kumar Sharma. On 17.7.1976 the Assistant Registrar (Confidential), Agra University informed the two Petitioners that the Examination Committee had found them guilty of misbehaviour with the teacher on duty at the Examination Centre and had directed cancellation of their B.A. (II) result of 1975. The Examination Committee had further debarred them from appearing in any examination of the University upto the year 1976. Aggrieved, both the Petitioners have approached this Court for relief under Article 226 of the Constitution.
(3.) Both Shashi Prakash and Ashok Kumar Sharma appeared as regular candidates of B.A. (II) Examination of Agra University from P.C. Bagla Degree College, Hathras for the year 1974 -75. The last paper in which they had to appear in the said Examination was over on 10.6.1975. It is said that the examination in Sociology and paper of B.A. (II) was to take place on 13.6.1975. On that date one Shri R.S. Kaushal, who was on invigilation duty in Room No. 8 of P.C. Bagla Degree College, was assaulted. Sri Kaushal then made a complaint to the Principal, P.C. Bagla College wherein he mentioned that he was on invigilation duty in Room No. 8 in the morning shift of 13.6.1975 for Sociology paper -2, of B.A. (II) examination. Safari Ramesh Chandra Shrotriya and Ram Mahesh Sharma, two students were taking examination in the said room. During the examination Ashok Kumar Sharma and Shashi Prakash both students of B.A. (II) along with one more person tried to pass material for copying to aforementioned two examinees which attempt was intercepted by him. This annoyed the two examinees and they threatened Sri Kaushal with dire consequences. As soon as Sri Kaushal came out of the invigilation room, the two examinees and the two Petitioners assaulted him with fists and blows. They also threw chairs etc. at him. As Sri Kaushal rushed towards the office of the Principal and was negotiating the steps, the assailants pushed him violently as a result of which Sri Kaushal fell down. After recovering Sri Kaushal headed towards the office of the Principal and as he was narrating incident to him he was again assaulted by aforementioned persons causing him a number of injuries and profuse bleeding. The Principal forwarded the report made by Sri Kaushal to the University which deputed its Registrar to make an inquiry into the matter. Subsequently, the University gave a show cause notice to Shashi Prakash on 18.8.75 and to Ashok Kumar on 19.8.75 charging them with gross indiscipline inside the Examination -Hall for helping students in using unfair means and misbehaving with Prof. R.S. Kaushal outside the Examination -Hall in connection with the conduct of University Examination. Both the Petitioners then sent their respective replies refuting the allegations made against them. Thereafter the case of the Petitioner along with others was placed before the Examination Committee on 17.11.1975 when the Committee resolved that the two Petitioners should be called for personal hearing on December 1, 1975. The two Petitioners appeared before the Examination Committee and thereafter they were asked to submit their explanations. After considering their explanations the Examination Committees revolved thus: 13. With reference to Examination Committee's -resolution No. 8 of November 17, 1975, the Committee considered the explanation given by Sarvasri Ramesu Chandra Shrotriya, Ashok Kumar Sharma, Ram Mahesh and Shashi Prakash on 1.12.1975 at the time of personal hearing in connection with the charge of misbehaviour leveled against them and to take decision finally in their cases. Resolved that B.A. (II) examination of 1975 of abovementioned four students be cancelled and they be further debarred from appearing at any Examination till 1976. Thereafter the Assistant Registrar, Agra University, communicated the decision of the Examination Committee to the two Petitioners vide communication dated 17.7.1976.;