JOHN CHIRAYIL KURIAN Vs. UNIVERSITY OF SAGAR VICE-CHANCELLOR SAGAR

JUDGEMENT

(1.) THE aforesaid petition and Misc. Petition No. 285 of 1974 (John Mathew v. University of Sagar and another), M. P. No. 287 of 1974 (Alphoness and 192 others v. The Controller of Examinations, University of Sagar and another), m. P. No. 325 of 1974 (Mattatil Cherian Thomas and 89 others v. Controller of examinations, University of Sagar and another) and M. P. No. 340 of 1974 (John thomas and 2 others v. University of Sagar and another) raise common questions and so they were all heard together. Consequently, they are being decided by this order.

(2.) THE petitioner in M. P. No. 158 of 1974 was an applicant to appear as a private candidate for the M. A. (Previous) Examination in English, the petitioners 9 in number in M. P. 285 of 1974 were applicants seeking permission to appear in M. Com. (Previous) Examination, the petitioners 192 in number in M. P. No. 287 of 1974 were applicants seeking permission to appear in m. A. (Previous) Examination, the petitioners 90 in number in M. P. No. 325 of 1974 were applicants seeking permission to appear in M. A. (Previous) Examination and the petitioners 3 in number in M. P. No. 310 of 1974 were applicants seeking permission to appear in M. Com. (previous) Examination ; to be held in the year 1974; of the Sagar University, Madhya Pradesh. They have filed these different petitions, challenging an order dated 11-1-1974 of the respondents. After the filing of these petitioners ad interim orders were issued to the respondents, directing that the petitioners be permitted to appear in the ensuing examinations with a further direction that their results shall be withheld till the decision of the present petition. During; the course of arguments the learned counsel stated that some of the petitioners did not appear in the examinations. Subsequently, he submitted an application dated 23-9-1974 stating that petitioners Nos. 113 to 135 and from 137 to 172 in M. P. No. 287 of 1974 did not appear in the examination.

(3.) THE facts briefly are that the different petitioners by their different applications had applied to the University of Sagar, Sagar (M. P.) seeking permission to appear in the M. A. (Previous) or M. Com. (Previous) Examinations to be held in the year 1974 as private candidates. They had sent their applications on the requisite forms which they had called for from the University of Sagar after paying the necessary fees. They had sent their application forms duly filled in along with requisite fee to the University in time. The controller of Examinations, University of Sagar vide his impugned memo dated 11th January, 1974 (Petitioner's Annexure 'a') informed these petitioners that