Case Note & Summary
The petitioner, Puttaraju L.R., a student of LLB at Sri Kengal Hanumanthaiah Law College, Hubballi, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench. He sought quashing of order No. KSLU/MPC/Dec-2023 (March/April)/593 dated 01.07.2024 passed by the Registrar (Evaluation), Karnataka State Law University, Hubballi (respondent No.1), which cancelled his entire examination result for the December 2023 (March/April 2024) LLB examination on grounds of alleged malpractice. The petitioner contended that the impugned order was passed without any show cause notice or opportunity of hearing, thereby violating principles of natural justice. The court, after hearing the counsel for the petitioner and the respondent, noted that the order was passed without affording any opportunity to the petitioner to explain his case. The court held that the principles of natural justice require that before any adverse order is passed, the affected party must be given a fair hearing. Since the impugned order was passed in violation of audi alteram partem, it was unsustainable. The court quashed the order and directed the respondent to issue a show cause notice to the petitioner, consider his reply, and pass a fresh order in accordance with law within a stipulated time. The petition was disposed of accordingly.
Headnote
A) Natural Justice - Audi Alteram Partem - Cancellation of Exam Result - Karnataka State Law University - The petitioner, a student, was punished by cancellation of his entire LLB exam result for alleged malpractice without any show cause notice or opportunity of hearing. The court held that such an order violates principles of natural justice and is liable to be quashed. (Paras 1-4) B) Examination Malpractice - Proportionality of Punishment - Karnataka State Law University - The court observed that even if malpractice was alleged, the punishment of cancelling the result of all subjects without hearing the student is disproportionate and unsustainable. (Para 4)
Issue of Consideration
Whether the order passed by the Registrar (Evaluation) cancelling the petitioner's entire LLB exam result for alleged malpractice without affording an opportunity of hearing is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 01.07.2024 is quashed. The respondent No.1 is directed to issue a show cause notice to the petitioner, consider his reply, and pass a fresh order in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
Law Points
- Natural Justice
- Audi Alteram Partem
- Right to Hearing
- Examination Malpractice
- University Disciplinary Proceedings
