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KM. ASTHA TIWARI versus THE UNION OF INDIA AND OTHERS

High Court of Judicature at Allahabad

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Km. Astha Tiwari v. The Union Of India And Others - WRIT - C No. 6370 of 2006 [2007] RD-AH 669 (11 January 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'ble Vineet Saran, J.

Heard learned counsel for the petitioner as well as Sri A.B.L.Gaur, learned counsel appearing for the respondent-University. With the consent of learned counsel for the parties, this writ petition is being disposed of at this stage.

The petitioner  appeared in  B.A. II year Examination 2005. On the ground of having been found using unfair means in the said examination, the examination of the petitioner has been cancelled vide order dated 18.1.2006 and she has also been debarred from appearing in the subsequent examination of the year 2006.

Keeping in view that a hand written chit was found in the possession of the petitioner by the flying squad, the punishment of cancellation of the examination for the year 2005 appears to be justified. However, there is no charge or proof of fact that the said chit had been used actually by the petitioner in the examination, as such, in my view, the order debarring the petitioner from appearing in the examination of 2006 is not justified. As such with consent of learned counsel for the parties, it is directed that the punishment of cancellation of B.A. Part II Examination 2005 is upheld but further punishment of debarring the petitioner from appearing in the   examination of 2006 is set aside and it is directed that the petitioner be permitted to appear in the B.A. II Examination 2006 scheduled to be held in March 2007 or any other date thereafter.

This writ petition sands allowed to the extent indicated above.

Dt/-11.1.2007

Ru

w.p.6370.06


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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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