- (1.) LEARNED counsel for the parties are agreed that this Special Appeal may be disposed of finally at the admission stage. We accordingly proceed to decide it finally.
(2.) HEARD learned counsel for the parties. The appellant is a student of Allahabad Agricultural Institute. The appellant appeared in the examina tion of B. Tech. Agricultural Engineering Course Illrd Year for the year 1992-93 and was allotted Roll No. 639. Appellant was asked to show cause as to why his result for the year 1992-93 may not be cancelled on the ground that he was found in possession of an unauthorised chit while appear ing in the examination. The appellant submitted an explanation wherein he denied the charge. The Examination Committee cancelled the result of the appellant and further debarred him from appearing on the examination of 1994. Aggrieved the appellant filed a petition under Article 226 of the Consti tution. Learned Single Judge of this Court dismissed the writ petition. Aggrieved, the appellant has come up in appeal. Learned counsel for the appellant urged that the finding recorded by the Examination Committee for cancelling the result of the appellant and further debarring him from the 1994 examination is outside of the scope of the charge levelled against the appellant and as such the punishment awarded to the appellant is illegal and deserves to be set aside. A perusal of the records of the case discloses that the appellant was charged for possession a hand written paper whereas the finding recorded by the Examination Committee is that the appellant has used unauthorised material while answering question No. 7-B. Admittedly, the petitioner was never charged that he has used unauthorised material while answering ques tion No. 7-B and was never called upon to furnish explanation in respect thereof. From the above, we find that the finding of the Examination Com mittee on the basis of which the appellant's result has been cancelled and further he has been debarred from appearing in the 1994 examination was never a charge against the appellant. Thus, the said finding is totally out side of the scope of the charge levelled against the appellant. Further we have looked into the answer book of the appellant and find that no unautho rised material has been used by the appellant from the said alleged had written chit while answering question No. 7-B. Moreover the minimum requirement of law is that the person who is to be awarded punishment on the basis of a charge must be given an opportunity to show cause in his defence. In the instant case the appellant was not given any opportunity to show cause for the charge that he has used unauthorised material from the hand written chit while answering question No. 7-B. In view of this also the punishment awarded to the appellant is not sustainable in law. In view of what has been stated above, the Special Appeal deserves to be allowed. Accordingly the order and judgment of the learned Single Judge dated 6-1-1995 as well as the order of the University cancelling the IIIrd Year Course of B. Tech. Agricultural Engineering for the Session 1992-93 and further debarring the appellant for appearing in 1994 examination, are set aside.
(3.) THE Special Appeal is allowed. THEre shall be no order as to costs. Appeal allowed. .;