Case Note & Summary
The petitioner, a student of the Five Year B.A. LL.B (Hons.) course at the National Law School of India University, Bengaluru, was declared to have secured 'F Grade' in the Child Rights Law examination held on 13.03.2020 due to alleged plagiarism in his project work. Consequently, he was not allowed to take the Special Repeat Examination of the third trimester and was denied promotion to the fourth year for the academic year 2020-21. Aggrieved, the petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash the endorsement dated 01.08.2020 and the order dated 10.08.2020 passed by the Vice Chancellor dismissing his appeal. The petitioner contended that the University acted arbitrarily and in breach of principles of natural justice as he was not given any opportunity to explain before being branded as a plagiarist. The University argued that the project work was found to be plagiarized and that the petitioner had admitted to the same. The court observed that the University's action was arbitrary and violative of natural justice as no show cause notice or hearing was given before the adverse decision. The court directed the University to allow the petitioner to take the special repeat examination and to consider his promotion to the fourth year based on the outcome. The petition was allowed with no order as to costs.
Headnote
A) Education Law - Plagiarism - Natural Justice - University Regulations - Petitioner was declared 'F Grade' in Child Rights Law examination due to alleged plagiarism in project work and denied promotion to fourth year - Court held that the University's action was arbitrary and violative of natural justice as no opportunity of hearing was given before branding the work as plagiarized - University directed to allow petitioner to take special repeat examination and consider promotion (Paras 1-10).
Issue of Consideration
Whether the University's action of denying promotion to the petitioner for the fourth year due to alleged plagiarism in project work and not allowing him to take special repeat examination is arbitrary and violative of principles of natural justice.
Final Decision
The court allowed the writ petition, quashed the impugned endorsement and order, and directed the University to allow the petitioner to take the special repeat examination and consider his promotion to the fourth year based on the outcome. No order as to costs.
Law Points
- Natural justice
- Plagiarism
- Academic discipline
- University regulations
- Writ jurisdiction
Case Details
2020 LawText (KAR) (11) 32
Writ Petition No. 9395 of 2020 (EDN-RES)
Prof. Ravi Varma Kumar, Senior Counsel, and Sri V.R. Sarathy, Advocate for Petitioner; Sri Aditya Narayan, Advocate for Respondents
The Vice Chancellor, The National Law School of India University, Bengaluru & Another
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Nature of Litigation
Writ petition challenging University's decision denying promotion to fourth year due to alleged plagiarism in project work.
Remedy Sought
Petitioner sought to quash the endorsement dated 01.08.2020 and the order dated 10.08.2020 denying promotion and to allow him to take special repeat examination and be promoted to fourth year.
Filing Reason
Petitioner was declared 'F Grade' in Child Rights Law examination due to alleged plagiarism and was not allowed to take special repeat examination, leading to denial of promotion.
Previous Decisions
The University issued an endorsement on 01.08.2020 and the Vice Chancellor dismissed the petitioner's appeal on 10.08.2020.
Issues
Whether the University's action of denying promotion to the petitioner for the fourth year due to alleged plagiarism in project work is arbitrary and violative of principles of natural justice.
Whether the petitioner should be allowed to take the special repeat examination and be considered for promotion.
Submissions/Arguments
Petitioner argued that the University acted arbitrarily and in breach of natural justice as no opportunity of hearing was given before branding the work as plagiarized.
Respondent University argued that the project work was found to be plagiarized and the petitioner had admitted to the same.
Ratio Decidendi
The court held that the University's action was arbitrary and violative of principles of natural justice as no show cause notice or hearing was given before declaring the petitioner's work as plagiarized and denying promotion. The court emphasized that academic discipline must be exercised fairly and in accordance with natural justice.
Judgment Excerpts
Petitioner who joined the Five Year B.A. LL.B (Hons.) Course in the respondent – University from the Academic Year 2017-18, is declared to have secured 'F Grade' in Child Rights Law examination held on 13.03.2020 since he was not given any mark because of alleged plagiarism of the Project Work in question; he was also not allowed to take Special Repeat Examination of third trimester in the third year, allegedly in breach of assurance of the University.
Aggrieved by the above action of the respondent - University, petitioner has knocked at the doors of Writ Court with the following prayers...
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the University's endorsement dated 01.08.2020 and the Vice Chancellor's order dated 10.08.2020. The petition was heard and reserved for orders, and the court pronounced the order on 18.11.2020.
Acts & Sections
- Constitution of India: Articles 226, 227
