Syed Rafat Alam, J. - (1.) BY means of this petition under Article 226 of the Constitution of India, the petitioners seek quashing of the order of the Deputy Registrar (Examination), dated 15.2.1997 and 7.5.1997, cancelling their results of B.A. Part II Examination, 1996 and also debarring them from appearing in corresponding (and any other) subsequent examination of 1997, on the ground of alleged use of unfair means and causing disturbance in the said examination. Inspite of the time having been granted on several occasions, the University failed to file counter affidavit. However, Sri Ratnakar Chowdhary, learned counsel appearing for the University has produced the record.
(2.) SINCE the facts and points involved in this writ petition are identical and similar to those in writ petition No. 9791 of 1997, which has been disposed of by a reasoned judgment by this Court yesterday only, i.e. 18.12.1997, wherein it has been found that the punishment of debarment from appearing in future examination for a period of one year awarded to the petitioners, is harsh and excessive and as such the same has been quashed in the aforesaid writ petition, hence the present writ petition is also being disposed of in same and similar terms. Sri Ratnakar Chowdhary, learned counsel for the University also could not justify the punishment from the record of the University produced today. Since the petitioners have now appeared in BA. Part II Examination, 1997 in terms of the interim order of this Court dated 23.6.1997 and in this view of the matter, I am of the view that it would be equitable and in the interest of justice in directing the University to publish their result of B.A. Part II Examination, 1997 in which they have appeared by virtue of this Court's order dated 23.6.1997. In the result, the writ petition is partly allowed. The impugned orders awarding punishment of debarment from appearing in future examinations for a period of one year to the petitioners is hereby quashed. But the cancellation of their results of B.A. Part II Examination, 1996 is maintained. The University, accordingly directed to publish the result of the petitioners of B.A. Part II Examination, 1997, forthwith.;