S.N.Srivastava - (1.) -By way of present petition, the petitioner has sought relief of a writ of mandamus directing the opposite parties to declare the result of the petitioner of LL.B. First Year, First Semester Examination, 2006 and further not to prevent him to face viva voce. The further relief is for a writ of certiorari quashing the impugned order dated 3.4.2006 whereby petitioner's result dated 3.4.2006 of LL.B. first Year, 1st Semester examination 2006 was cancelled.
(2.) THE facts forming background are that while appearing in 1st Semester Examination, 2006 of LL.B. First year from Allahabad Degree College, it is alleged, the petitioner was caught by the Flying Squad possessing crib-notes (hand written piece of paper). THE said piece of paper used for cribbing was appended to the answer script of the petitioner. It would further appear from the record that by means of letter dated 17.1.2006, the petitioner was called upon to show cause why the result of his first semester examination, 2006 be not cancelled. THE reply to show cause was sought to be submitted by 27.1.2006. THE precise charge contained in the letter aforesaid reads as under : "Caught by flying squad with one and half handwritten page found from the hand of the candidate." THE reply submitted by the petitioner to the show-cause notice aforesaid quintessentially was one of denial further stating therein that the piece of paper imputed to have been recovered from his possession had in fact been found by the Flying Squad from the back of the Bench occupied by the petitioner and he had nothing to do with the piece of paper. He further replied that he had no knowledge about the contents of piece of papers. In the latter part of the reply, the petitioner dwelt upon certain miseries, which his family was encountering and ultimately prayed for benign consideration. Subsequently, the petitioner was served a letter from the University of Allahabad intimating him that he has been awarded punishment of cancellation of his result' for the First Semester Examination, 2006 of the LL.B, first year. It is in this backdrop that the petitioner has instituted the present petition. Learned counsel for the petitioner began his submission assailing the impugned order on the ground that the order was passed without any tangible material on record further arguing that the petitioner had not made use of any unfair means in attempting question. It is further canvassed that the reply submitted by the petitioner was not reckoned with while passing the impugned order. Finally, it has been urged that the result of the petitioner be declared attended with the prayer that he be allowed to appear in the 2nd semester examination of the first year LL.B. course. Per contra, Sri A. B. L. Gaur, learned counsel for the University contended that the impugned order was passed taking into consideration of the invigilator's report, the unauthorized material and also the reply submitted in response to show cause notice and further that the order was rightly passed in accordance with law. It is next contended that the unauthorized material was found from possession of the petitioner and it constituted sufficient material and furnished valid foundation for cancellation of result. The learned counsel also argued in support of the impugned order that the entire matter was considered by the Expert body constituted by the University comprising teachers of high probity. In the end, the learned counsel submitted that there is no infirmity in the decision making process by the Committee and the order is well founded and calls for no interference. The learned counsel also produced the original record for perusal of the Court. I have bestowed my most anxious considerations to the arguments advanced across the bar by the learned counsel for the parties and have also delved into the materials on record.
(3.) FROM a perusal of the original record, it would crystallize that the charge of using unfair means relates to 16.1.2006 on which date the petitioner had appeared to attempt II paper of Law of Torts. Further, it crystallizes from a perusal of the report of examination Superintendent, Allahabad Degree College that the petitioner was caught by the Flying Squad. It would also appear from the record that statement of petitioner was recorded the same day in which he denied any recovery of any crib-notes from his possession stating further that the material in question had indeed been found lying at the back of the Bench and it was quite illegally foisted upon him alleging that it was not recovered from his possession and was rightly appended to his answer script. He clearly stated in his statement that he neither used any unfair means nor he cribbed from the material appended to his answer script. It has been further stated that while the petitioner was attempting questions of II paper of Law of Torts, the flying squad recovered the unauthorized material from the back of the Bench stating further that he has been wrongly and illegally roped in by the Flying Squad. Coming to the reply submitted by him in response to the charge-sheet, the petitioner has denied using any unfair means further stating that he has nothing to do with the material alleged to have been found from his possession. He further stated that the hand-written material had no nexus with the question being attempted by him. The reply also refers to his family background and miseries, which his family was encountering. Ultimately, it has been stated that the hand-written script has been illegally appended to his answer sheet.;