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DEVI DAS versus STATE OF U.P.AND OTHERS

High Court of Judicature at Allahabad

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Devi Das v. State Of U.P.And Others - WRIT - C No. 44766 of 2004 [2007] RD-AH 3150 (26 February 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon.Tarun Agarwala,J.

List has been revised. The learned counsel for the University is not present.

It transpires that a provisional certificate dated 6.5.2002 was issued by the Registrar of the Budelkhand University, Jhansi. Subsequently, by an order dated 25.8.2004 the provisional certificate was  cancelled on the ground that the provisional certificate was issued by an error. The petitioner has stated in paragraph Nos.12 and 13 of the writ petition that no show cause notice or an opportunity of hearing was given to the petitioner before the cancellation of the provisional certificate. This fact has not been denied by the respondent in paragraph Nos.14 and 15 of the counter affidavit. On the other hand, the respondents have alleged that the petitioner was involved in forging and fabricating a document, namely, the marksheet of LL.B. III Year. In view of this allegation it was imperative for the University to give a show cause notice and an opportunity of hearing to the petitioner.

In view of the aforesaid, the impugned order cannot be sustained and is quashed. The writ petition is allowed. The Registrar is directed to pass a fresh order within two months from the date of the production of a certificate copy of this order after giving a show cause notice and an opportunity of hearing to the petitioner.

Dated: 26.2.2007

AKJ(WP 44766/04)


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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