A. N. Varma, J. - (1.) -
(2.) WE have heard the learned counsel for the petitioner as well as the learned counsel for the respondents. The petitioner is aggrieved by the cancellation of his LL.B. First Year examination in the paper of Constitutional Law as well as the LL.B. Second Year examination conducted by the Aligarh Muslim University in the academic year 1986-87. These examinations have been cancelled because of a finding recorded by the Committee of Examinations that the petitioner had carried into the examination room certain papers and notes which were likely to be used by the candidate in answering the question paper. The finding was recorded upon an inquiry which was made after calling for the explanation of the petitioner. For the petitioner it was contended that whereas on the finding of the Committee of Examinations that the petitioner was guilty of having used unfair means within the meaning of clause 2 (d) (iii) of the Aligarh Muslim University Examination (Control of Unfairmeans and Disorderly Conduct) Regulations the petitioner's paper in the Constitutional Law of the First Year examination could be cancelled, it was not competent to the respondent to cancel the petitioner's Second year examination also even if the same was conducted in the same academic year. We are unable to agree. In order to appreciate the submission of the learned counsel, it will be relevant to extract here clause 4 A-1 (a) of the aforesaid Regulations which reads as under :- " 4. Punishment : A candidate found guilty of use of unfairmeans or disorderly conduct in the examination may, at the discretion of the Committee, be awarded punishment as follows :- A-l. Non Semester Examination. (a) A candidate found guilty of using unfairmeans in a manner defined in Clause 2 (d), (i), (ii), (iii), (viii) or (ix) or of disorderly conduct defined in Clause 2 (e) (iv) or (v shall be punished with cancellation of the result of the examination(s) of the year concerned and the candidate shall be further debarred from appearing at the Supplementary examination(s) ; and if the offence was committed in the Supplementary examination, he shall be debarred from the next annual examination (excluding the Supplementary) examination of that year. "
(3.) THE term "year" has also been defined in the said Regulation under clause 2 (b . It means the academic year. It is not disputed that the petitioner's back paper of the First year in Constitutional Law as well as the Second year examination's paper were all held in the same academic year. Consequently, in terms of Clause (a) of Regulation 4 A-1 the respondents were authorised to cancel the result of both the examinations at which the petitioner had appeared in the year concerned i. e., the academic year 1986-87. Learned counsel submitted that on a true and proper construction of Clause (a) of the Regulation 4 A-1 the University could cancel the petitioner's examination of only the paper of Constitutional Law.;