• About Us
  • Privacy Policy
  • Terms of use
  • Contact Us
Thursday, March 4, 2021
Law Trend
  • google-play
  • apple-store
  • Login
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
No Result
View All Result

Allahabad HC on Using Unfair Means in Examination and Natural Justice

by Law Trend
November 5, 2020
in Court Updates, Trending Stories
4 min read
exam
534
SHARES
1.5k
VIEWS
Share on FacebookShare on TwitterShare via WhatsappShare via EmailPinterest

A law student, accused of using “Unfair Means” in the Examination approached Allahabad High Court challenging the Decision of the University.

Due to this, the University had decided to not to allow the Petitioner in the Examination for the Academic Year 2019-20.

Before taking the decision, the University called for an explanation from the Petitioner. The Petitioner submitted her reply through email.

By means of a common order dated 06.08.2020, 194 students had been declared guilty of using unfair means. The name of Petitioner was at Serial No. 182 of the List.

Pleading Violation of Natural Justice

The only ground of challenging the order dated 06.08.2020 was that the University had not duly considered the reply of the Petitioner before taking the decision.

No reason has been assigned in order for debarring the Petitioner from taking the Examination for the academic year 2019-20.

The Order of the University reflects that the principles of natural justice have been violated.

Counsel for the University also could not show that there is no violation of the principles of natural justice.

Declaring Use of Unfair Means Can be Blot on Career

Allahabad High Court found that the office memorandum contains a general order in respect of the list of 194 candidates appended therewith.

There is no indication that the explanation submitted by the Petitioner wherein she had denied the charges of use of unfair means had been considered by the unfair means committee before coming to its decision.

The Court further observed that It is no doubt true that ordinarily, the Court would not interfere in decisions taken by the educational authorities particularly with regard to a matter relating to examinations and that the standards and the purity of the examination process is to be maintained and with this objective, in mind, the action taken by the educational institutions in cases where unfair means have been adopted, is usually sustained.

But at the same time,

it cannot be denied that any action taken by the educational authorities in this regard is required to conform to standards of fairness and the action taken should be free from arbitrariness. 

This is more so in a case where the consequence of any decision declaring a candidate as having used unfair means has the effect of tainting his/her academic career with a blot and has further adverse civil consequences. 

It is for this reason that before holding the examinee guilty of the charges of use of unfair means his/her explanation ought to be called for and accorded consideration.

This consideration of the explanation furnished by the candidate is required to be made in a manner which is bona fide and should not be an empty formality.

Hon’ble Court referred to the Judgment of –

Triambak Pati Tripathi v The Board of High School and Intermediate Education, U.P., Allahabad (AIR 1973 All 1) 

and 

Board of High School and Intermediate Education, U.P., Allahabad and another v Bagleshwar Prasad and another (AIR 1966 SC 875). 

In these Judgments, the Court has harped upon a fair and detailed inquiry, where the allegation is the use of unfair means in the Examination.

Decision

In view of above the Allahabad High Court, disposed off the writ petition leaving it open to University to pass an order after according due consideration to the reply/explanation submitted by the Petitioner within a period of two months.

 The order/office memorandum dated 06.08.2020, in so far as it relates to the Petitioner, shall abide by the fresh order to be passed as aforesaid.

Case Details:

Title: Kriti Giri vs State of U.P. and others

Case No.: WRIT C No. 14950 of 2020

Coram: Hon’ble Justice Dr Yogendra Kumar Srivastava

Date of Judgment: 22.10.2020

Counsel for Petitioner: Shree Prakash Girl, Sujeet Sinha

Counsel for Respondent: C.S.C.

Read Judgment
Tags: Allahabad High Courthigh court ordersnatural justicetrend2unfair means in examination

Related Posts

Allahabad HC Drone View 2
Court Updates

Allahabad HC releases a rape convict after 20 years because the prosecutrix was not a stellar witness

March 3, 2021
cheque
Judgements

Proceedings u/s 138 of NI Act are quasi criminal in nature: SC

March 3, 2021
Bombay HC new 1
Court Updates

Husband Seeks Divorce on the Ground that Wife hid actual date of birth as he intended to marry “Manglik” Girl- HC Dismisses Plea

March 3, 2021

Advertisement

POPULAR NEWS

  • Justice Pushpa V Ganediwala lawtrend

    Bombay HC Judge who gave “Skin to Skin” POCSO Verdict loses Judgeship Confirmation

    5731 shares
    Share 2292 Tweet 1433
  • Where is the Provision of Using Advocate Sticker on Vehicle?

    5118 shares
    Share 2047 Tweet 1280
  • What is the tenure of protection granted under Anticipatory Bail? :SC 5 Judges

    4827 shares
    Share 1930 Tweet 1206
  • Air Asia Crashes Against Gaurav Taneja; Court Says Airline Suppressed Facts

    4700 shares
    Share 1880 Tweet 1175
  • Husband-Wife Take Oath as High Court Judge

    3270 shares
    Share 1308 Tweet 818
Law Trend

Rabhyaa Foundation has started this platform on values enshrined in the Preamble of the Constitution of India. The object of this platform is to create informed citizens with recent legal updates, Judgments, Legislations of Parliament and State Legislatures, and views of experts in the field of law, in plain and pointed language, for the intellectual development of citizens.
Our tag line “The Line of Law” guides that this......
Read More

Follow Us On Social Media

Subscribe to our News Letter

Sign Up for weekly newsletter to get the latest news, Updates and amazing offers delivered directly in to your inbox.

Categories

  • Trending Stories
  • Court Updates
  • Columns
  • Bare Acts and Rules
  • Online Internship
  • About Us
  • Privacy Policy
  • Terms of use
  • Contact Us

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

No Result
View All Result
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend – हिन्दी
  • Bare Acts and Rules
    • Central
    • State
      • Uttar Pradesh Acts
      • Uttar Pradesh Rules
      • Uttrakhand
      • DELHI
  • Webinar/Videos
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
  • Android App
  • IOS APP

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In