Brajendra Maharana And Ors. vs The Utkal University on 18 August, 1975
Mr. Mohapatra for the University on the other hand relied upon another Bench decision of this Court in the case of Brajendra Maharana v. Utkal University, ILR (1975) Cut 1311: (AIR 1976 Orissa 25), where the content of natural justice applicable to a case of the present type has been indicated in a little different strain. Both the judgments are by the same learned Judge though the Benches were differently constituted. We do not think, it is necessary to enter into a consideration regarding which one lays down the law correctly for the purpose of disposing of the present case. Here the facts are simple. There is no allegation of detection of malpractice at the examination centre. The examiner while valuing the papers was of the opinion that the answer to Question No. 9 tallied in the answer papers of petitioner and the candidate with roll number 178. There is no material for the charge that petitioner copied from the other candidate. Merely on the premises that the answers tallied, there is no presumption that the petitioner copied from the other candidate's paper. It could as well have been the other way, that is, the other candidate may have copied from the petitioner.