Allahabad High Court
Dr. Bhartendu Sharma vs State Of U.P. & Others on 6 July, 2010
Bench: Sunil Ambwani, Kashi Nath Pandey
Court No. - 29 Case :- WRIT - A No. - 34196 of 2010 Petitioner :- Dr. Bhartendu Sharma Respondent :- State Of U.P. & Others Petitioner Counsel :- P.K. Singh Respondent Counsel :- C.S.C.,P.K. Singh,Vivek Varma Hon'ble Sunil Ambwani,J.
Hon'ble Kashi Nath Pandey,J.
The petitioner is serving as Associate Professor in Department of Commerce, Bareilly College, Bareilly. By this writ petition, he has prayed for a direction quashing the order dated 28.4.2010 by the Registrar, Mahatma Jyotiba Phule Rohilkhand University, Bareilly to debar him for three years from any examination work on the recommendation of the Examination Committee in its meeting dated 27.4.2010.
We have heard Shri P.K. Singh, learned counsel for the petitioner. Shri Vivek Varma appears for the University.
On 9.6.2010 Shri Vivek Varma was required to seek instructions in the matter and to indicate as to whether any opportunity of hearing was afforded to the petitioner before making the order.
Shri Vivek Varma has taken instructions and informs the Court that on 24.4.2010 a flying squad inspected the several colleges including Baba Ramdas Degree College, Bholapur of which the petitioner was the observer. It was found that only 23 girl students were taking examination in the college. The inspecting party found three girl students copying in the examination. They also found some material connected with the examination in the agricultural field behind the room of the building where the examinations were being taken.
A report was submitted by the Flying Squad to the Examination Committee on 09.4.2010, stating therein that Dr. Bhartendu Sharma of Bareilly College appointed as observer by the University, was present at the Examination Centre, and expressed his inability to search the female candidates taking examination.
The Examination Committee in its meeting dated 27.4.2010 resolved to debar the centre for examination for two years and also debarred the petitioner from any examination work for three years. The Examination Committee also decided that a female observer shall be sent in future to the Centre.
It is not denied that the petitioner was given any opportunity of hearing by the Examination Committee before taking a decision to debar him from the Examination Work.
The examination work is an essential part of service of teacher. Any decision taken to debar him by way of punishment on the findings recorded by the flying squad amounts to a blot on his career. Even if a teacher may not get any remuneration for the examination work, the observations made against him and the decision taken to debar him from examination work, affect his reputation and career prospects. Such a decision, therefore, should be taken unless a person is given to an opportunity of hearing to serve principles of natural justice.
The writ petition is allowed. The decision taken by the Examination Centre dated 27.4.2010 and the order of Registrar of the University dated 28.4.2010 communicating the decision to the petitioner are set aside. The Examination Committee of the University will given an opportunity to show cause and will afford personal hearing if it is demanded by the petitioner before taking any decision in the matter. The papers produced by Shri Vivek Varma shall be made part of the record of the writ petition.
Order Date :- 6.7.2010 RKP