V.P.TYAGI, J. - (1.) THIS is plaintiff's first appeal against the judgment and the decree passed by the Additional District Judge No. 2, Jaipur City dated 27th March, 1973 dismissing the plaintiff's suit for damages and for a declaration that the notification issued by the University withdrawing his B.A. degree be declared as null and void.
(2.) THE case of the plaintiff was that he appeared at the B.A. examination conducted by the Rajasthan University in the year 1962 and he was declared successful. In 1963 he took his M.A. (Previous) examination but he could not succeed. On 29th July. 1963 he was served with a notice by the defendant University asking him to submit the certificate of the institution where the plaintiff was working as a whole time paid teacher by 5th August, 1963. The letter is Ex. 3 on record which shows that this enquiry was instituted by the University on an information received that the plaintiff was a Government servant and working as Assistant Sub Inspector in the Rajasthan Police Radio Organisation. According to the plaintiff he sent a reply to this letter on 3rd August, 1963 but this letter never reached the University. On 29th March, 1964 the University again sent a letter to the plaintiff under a registered cover that the plaintiff was found to be serving as A.S.I. in the Rajasthan Police Radio Organisation when be appeared at his B.A. and M.A. (Previous) examinations as a teacher candidate and thus obtained permission from the University by fraudulent means to appear at the said examinations. He was, there fore, asked once again to prove before the University authorities that he was a whole time paid teacher in a reccgnised school and directed to submit his reply before the University authorities by 25th March, 1964 falling which it would be presumed that the allegations levelled against the plaintiff were true. It was also intimated to the plaintiff that his case will be considered by the Senate on 30th March, 1964. It appears that the reply sent, by the plaintiff on receipt of letter dated 20th March, 1964 did not reach the University authorities by the time allowed by the University. The reply Ex. 6 was however sent on 14th April, 1964. Before the said reply Ex. 6 was received the University addressed a letter dated 4th April, 1964 that the Syndicate at its meeting held on 25th February, 1964 has cancelled his M.A. (Previous) Economics examination of 1963 and has debarred him from appearing at any examination of the University for a period of 5 years. It may be mentioned that though the plaintiff has sought for the cancellation of this letter of the University (Ex. 8) dated 4th April, 1964 but learned Counsel for the appellant did not press his claim before this Court in appeal relating to the cancellation of his M.A. (Previous) examination and limited his argument only to the withdrawal of the degree of the B.A. issued to the plaintiff in the 15th convocation of the University.
(3.) ON receipt of the letter of the plaintiff dated 14th April, 1964 (Ex. 6) the University took a lenient view and asked the plaintiff to represent his case personally on 25th April, 1964 before the Registrar. It is contended that the plaintiff in pursuance of this letter dated 25th April, 1964 (Ex. 2) met the Registrar in the office and placed before him his case verbally. The Registrar, it appears was not satisfied by his verbal pleading and, therefore, be again addressed a letter (Ex. 13) dated 2nd May, 1964 to the plaintiff to submit certain documents to prove that he was really whole -time teacher of an institution before he was permitted to appear at the examination as a teacher candidate.;