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Judgment
O. P. Jain, J.—The petitioner was a student of B. Tech. Agriculture Engineering (1st year). On 111993 he appeared in (Vlth paper) dealing with Surveying and Lea veiling and he is alleged to have been found using unfair means. Thereafter the petitioner passed 2nd year and he is a student of IIIrd year of B. Tech. Agriculture Engineering.
The learned counsel for the petitioner has placed reliance on Rule 1.3 of University Calendar which says that if a student is caught using unfair means a notice will be served in the Examination Hall itself and if he avoids to receive it notice will be served by registered post. Admittedly no such notice has been served on the petitioner in the instant case. It is explained on behalf of the University that at the time when student was caught using unfair means an Ordinance was in force which made it an offence and the relevant papers were taken into custody by the police. It was for this reason that the University could not issue a notice to the petitioner. The Ordinance has now been repealed.
On 24111994 the University has cancelled the result of B. Tech. Part (I) of the petitioner vide Annexure8. The learned counsel for the petitioner has cited 1991 (1) UP LBPC 642 and 1983 UPLBEC 155 in support of the contention that in the absence of notice that result cannot be cancelled.
In view of the legal position noted above the impugned order Annexure''8'' dated 24111994 cannot be upheld. But at the same time the University should be left free to pass appropriate order after giving opportunity to the petitioner to show cause against the cancellation of examination. As the petitioner is aware of these proceedings it will not be necessary to serve a notice by registered post on him and it will be sufficient if he is given an opportunity to file his reply. After considering the reply submitted by the petitioner the University may pass such order as it may deem in fit.
The writ petition is allowed and impugned order (Annexure9) dated 24111994 is set aside. The petitioner will appear before the Registrar of the University on 1st March, 1995 and will submit a reply. The University will decide the matter within one month on the filing of the reply.