Case Note & Summary
The Writ Petition No. 4974 of 2026 was filed by a student seeking to quash an order that cancelled his examination performance and barred him from future examinations. The petitioner, a B. Pharmacy student, had appeared for an examination in December 2025, during which chits were found with a Junior Invigilator, not with him. Following this, the Unfair Means Committee issued show-cause notices, and the petitioner was later informed to appear before the Committee. However, the petitioner contended that he was not given a fair opportunity to defend himself, as the chits were not found with him, and he was not properly notified of the proceedings against him. The respondents argued that the inquiry was conducted as per procedure and that the petitioner had admitted involvement in malpractice. The court analyzed the procedural compliance and found that the petitioner was not given adequate opportunity to present his case, violating the principles of natural justice. Consequently, the court quashed the orders cancelling the petitioner's examination performance and directed the university to declare his results for the upcoming examination. The Writ Petition was allowed, and the rule was made absolute in favor of the petitioner.
Headnote
A) Education Law - Unfair Means - Violation of Natural Justice - Article 226 of the Constitution of India - The court found that the petitioner was not afforded a reasonable opportunity of hearing before the cancellation of his examination performance, which is a violation of the principles of natural justice. The impugned orders were quashed and set aside as they did not comply with the procedural requirements outlined in the university's ordinance (Paras 12-13).
Issue of Consideration
Whether the cancellation of the petitioner's examination performance and subsequent debarment were in violation of principles of natural justice.
Final Decision
The Writ Petition was allowed, and the impugned orders dated 28.03.2026 and 09.04.2026 were quashed and set aside. The university was directed to declare the petitioner's result for the examination held in May/June 2026.
Law Points
- Natural justice
- unfair means
- opportunity of hearing
- examination cancellation
- procedural compliance
