1 W.P.No.7752/11 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.7752 OF 2011. Ku.Shraddha d/o Bhimrao Waghmare, Age 27 years, Occ.Student, R/o Rushikesh Apartment, lst floor, Flat No.E, Near Land Development Cooperative Bank, Krantichowk, Aurangabad. ... Petitioner. Versus 1. Vice Chancellor, Dr.Babasaheb Ambedkar, Marathwada University, Aurangabad. 2. Controller of Examination, Examination Department, Dr.Babasaheb Ambedkar, Marathwada University, Aurangabad. ... Respondents. ... Mr. P.S.Shinde, advocate for the petitioner. Mr.K.M.Suryawanshi, advocate for the Respondents Nos.1 and 2. ... CORAM : S.V.GANGAPURWALA,J. Date : 12.10.2011. 2 W.P.No.7752/11 ORAL JUDGMENT : 1. Heard. 2. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 3. The performance of the petitioner in respect of his M.Ed. examination was cancelled on account of the alleged malpractice. The petitioner thereafter preferred an appeal/application before the competent authority. The same is not yet decided. 4. Mr.Shinde, learned counsel for the petitioner submits that the authorities have not followed the principles of natural justice while cancelling the performance. The explanation given was not properly considered. Even otherwise, the appeal as provided under the Ordinance is filed but the same is not decided as yet, though the same is filed prior to two (2) years. 5. Mr.Suryawanshi, learned counsel for the 3 W.P.No.7752/11 Respondents submits that the authorities have properly considered all the aspects and cancelled the performance. The opportunity of hearing was given to the petitioner. If the appeal is filed, the same would be decided by the competent authority. 6. It appears that the appeal is filed by the petitioner against the action of the authorities cancelling the performance. If the said appeal is still pending, the competent authority shall decide the appeal filed by the petitioner expeditiously and preferably within a period of three (3) months from today as per law. It is made clear that I have not dealt with the matter on other aspects. All points are kept open. 7. The Writ Petition is disposed of accordingly. (S.V.GANGAPURWALA,J.) asp/office/wp775211 4 W.P.No.7752/11