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2025 DAILYLAW 151223 (ALL)

RAM JATTI v. ACHARYA NARENDRA DEVA UNIVERSITY OF AGRICULTURE/TECHNOLOGY THRU. REGISTRAR AND 2 OTHERS

WRIC/6641/2025 · 2025-08-26

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 6641 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard Ms. Ananya Singh, learned counsel appearing for the petitioner as well as Shri Prashant Kumar Singh, learned counsel for the respondent(s) and perused the material brought on record. 2. The present petition has been filed by the petitioner challenging an order dated 31.05.2025, whereby the petitioner has been awarded Zero marks in the 3rd Assessment 2024-25 and has been further barred for a period of one year. 3. The facts in brief are that, the petitioner is a 3rd year student of Bachelor of Veterinary Science and Animal Husbandry in the college of the respondent no.3, it is argued that in the internal examination of the 3rd year which was scheduled for 27.05.2025, the petitioner had also appeared and some chits were found in the room in which the petitioner was appearing in the examination. It is stated that the six other persons were also alleged to be using unfair means besides the petitioner. It is stated that despite, the allegations being levelled, the petitioner was permitted to appear in the internal examination, which was completed by the petitioner on 02.06.2025, however, when the petitioner went to appear in the external examination, which was to be held on 13.06.2025, she was not permitted to do so and was ultimately provided a copy of the order dated 31.05.2025. 4. It is argued by counsel for the petitioner that prior to passing of the said order neither any opportunity of hearing was granted nor the petitioner consented with any material, based upon which, the drastic order was passed. Versus Counsel for Petitioner(s) : Shailendra Singh Rajawat, Sunder Singh Counsel for Respondent(s) : Prashant Kumar Singh Ram Jatti .....Petitioner(s) Acharya Narendra Deva University Of Agriculture/Technology Thru. Registrar And 2 Others .....Respondent(s) 5. Learned counsel for the respondent on the other hand argues that, when the petitioner was called, she gave a confession, as is evident from the letter dated 27.05.2025, the said letter was processed by a Committee comprising of three persons as is evident from the notes forwarded across the bar dated 27.05.2025. It is stated that based upon the said, in terms of the Regulation 18 of the Academic Regulation, the petitioner was inflicted with the said penalty. 6. Considering the facts as argued, primafacie, the order impugned has been passed based upon, a self-incriminating letter issued against the petitioner and the consideration thereof by a committee comprising of three persons, admittedly no show-cause notice, the finding of the committee or the decision taken thereof were ever shown to the petitioner prior to passing of the said order. 7. The admission of the petitioner, which is the sole reliance, would not substitute an inquiry to be conducted, in any case it was incumbent by the respondent so have confronted the petitioner with the material concluded against her, even if the regulations are silent, the principle of natural justice are inbuilt in any provision. As a drastic order has been passed affecting the career of the petitioner admittedly without complying the principles of natural of justice, the same cannot be sustained, the order dated 31.05.2025 is set-aside/quashed. 8. The respondent(s) shall ensure that the external examination are conducted for the petitioner separately within a period of six weeks from today, subject to the petitioner passing the said examination, the petitioner would be permitted to enroll for the next year also. 9. Petition stands disposed of with the aforesaid observations. August 26, 2025 Praveen WRIC No. 6641 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench