SBCWP NO.1284/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.1284/2010. Shashank Mohan Sharma Versus Rajasthan University of Health Sciences & Ors. Date of Order:- March 22, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Dr. R.K. Sharma for the petitioner. Dr. Y.C. Sharma and Shri Ajeet Bhandari for the respondents. ***** BY THE COURT:- This writ petition has been filed by the petitioner challenging the order dated 21/1/2010 (Ann.4) by which his result of Ist MBBS Examination 2007 was cancelled. 2) Dr.R.K. Sharma, learned counsel for petitioner submits that the basis on which result of petitioner of Ist MBBS Examination 2007, wherein he was shown as passed, in one of the subject by way of re-totalling and in two subjects by revaluation, was cancelled on the alleged basis of tampering with the answer- sheets and that the Committee of Experts unilaterally made enquiry without associating SBCWP NO.1284/10. 2 the petitioner therewith and that the Board of Management has also without application of mind accepted its recommendation. It is argued that Dr.Ashok Panagariya, who is presently Acting Vice Chancellor of the Rajasthan University of Health Sciences may have been biased against the petitioner because he was in litigation with petitioner's uncle Dr.C.N. Sharma. Learned counsel for petitioner relying on the Division Bench judgments of this Court in Shah Govrdhan Lal Kabra Teachers College Vs. Union of India and others : WLC (Raj.) 2001(1) 176 & Ashok Kumarsharma Vs. University of Jodhpur : WLC (Raj.) 2002(2) 775 submitted that for cancellation of result of the petitioner, respondents were required to serve upon him notice and make compliance of the principle of natural justice. 3) Dr. Y.C. Sharma and Shri Ajeet Bhandari, learned counsel for respondents have opposed the writ petition and submitted that due enquiry was held in which it was found that answering sheets of the petitioner were tampered with. Respondent No.3- Dr.Ashok Panagariya has in his counter affidavit denied allegations of bias and malafide. SBCWP NO.1284/10. 3 4) Report of the Expert Committee as well as Minutes of the Board of Management are on record, who have found that answer-sheets of the petitioner were tampered with. Experts have already gone into grave implications and it is indeed a serious allegation. This Court cannot lightly interfere in such matters where action of this nature is required for maintaining the credibility of the whole education system. It is settled proposition of law following various judgments of the Supreme Court that matters of this nature where allegations are of tampering with the answer sheets or of mass copying etc., principles of natural justice would have restricted application and that application of those principles would depend on the facts situation of a given case. In the present case, apart from satisfaction of the experts committee constituted by the University, Board of Management has also deliberated upon the matter. In the face of consistent view taken by the collective bodies of this magnitude, allegations of bias or malafides cannot be accepted, more particularly when respondent-University has also lodged the first information report. SBCWP NO.1284/10. 4 5) In the circumstances, no interference is called for. 6) Writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil