RATIRAM SINGH YADAV Vs. PRINCIPAL GOVT POLYTECHNIC HARDA

JUDGEMENT

(1.) The order passed in this petition shall also govern the disposal of M.P. No. 411/88 (Omshankar Chanderi and others v. Madhya Pradesh Technical Education Board, through its Secretary and another).

(2.) The petitioners who are students of Govt. Polytechnic, Harda, being an institution under the Madhya Pradesh Board of Technical Education, Bhopal, have all been rusticated and debarred from appearing in the examinations conducted by the Board, by way of disciplinary action against them for their disorderly behaviour in the examination hall. All the petitioners have a common grievance that disciplinary action of debarring them from the examination, by way of punishment, has been taken against them by the Principal of the Institution and by the Board of Technical Education, without affording them any opportunity to show cause against the penal action.

(3.) The petitioner Ratiram Singh Yadav in M.P. No. 271/88 has come forward with a specific grievance that he never appeared in the supplementary examination held in Sept.-Oct. 1987, because he had already passed the examination in April-May, 1987. He also denied that he ever misbehaved during the examination of final year held in Sept.-Oct. 1987. The order dated 23-12-1987 (Annexure-E), debarring him from appearing in the examination of the Board for a period of three years and cancellation of his admission from the Institution for the aforesaid period has been challenged on the grounds that it was a punishment inflicted on him without any justification and without giving him any opportunity of hearing or show cause.