S.N.Srivastava - (1.) BY means of the present petition, the petitioner has sought the relief of a writ of certiorari quashing the order dated 7.7.2006 passed by respondent No. 3 and also a further relief of a writ in the nature of mandamus directing the respondents to declare the result of M.B.B.S. Final Year 2006.
(2.) THE facts forming background are that on 15.2.2006, while the petitioner was answering question paper relating to surgery subject, it is alleged, he was caught by the Flying Squad possessing crib-notes (handwritten piece of papers). 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 16.2.2006 ; the petitioner was called upon to show cause by 27.2.2006. THE precise charge contained in the letter aforesaid reads as under : "Caught by flying squad with (19) nineteen hand-written pages." THE reply submitted by the petitioner to the show cause notice aforesaid quintessentially was one of denial further stating therein that scrip of paper was lying underneath his seat which the flying squad picked up and appended to the answer script. He further submitted that he had no concern with the aforesaid scrip of paper. He also denied to have copied from the piece of papers recovered by the flying squad from underneath the seat of the petitioner. He further submitted that the unauthorized material was not utilized by him for answer of any of the questions. Subsequently on 17.7.2005 the petitioner was intimated that he has been awarded punishment with cancellation of his result of M.B.B.S Final examination for one year for attempt/using of unfair means at the M.B.B.S. Final examination of 2006. It is in this perspective that the present petition has been instituted. 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 and further that no opportunity was afforded to the petitioner of hearing. 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 supplementary examination of Surgery of M.B.B.S. Final Year 2006, which shall be held on 8.8.2006. 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 15.2.2006 on which date the petitioner had appeared to attempt Surgery 1st paper of M.B.B.S. Final year examination 2006. It would further appear that a note is appended on the margin of answer script intimating that the petitioner was caught by the Flying Squad with nineteen pages. 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 beneath the Bench and it was quite illegally foisted upon him alleging that it was not recovered from his possession and was illegally 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 Surgery 1st paper of M.B.B.S Final Year Examination 2006, the flying squad recovered the unauthorized material from beneath 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 hand written material and the Flying squad picked out the crib-notes from underneath and appended the same to the answer sheet. He further stated that the hand-written papers did not contain any material relating to the questions being attempted by him. Ultimately, it has been stated that the petitioner is innocent and he should not be harassed improperly and that his future is at stake.;