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