The practical was fixed for the 19th and the viva voce for the 20th.
Appeal by special leave from the Judgment and Order, dated 9th and 17th August, 1951, of the High Court of Judicature at Orissa in Miscellaneous Judicial Case No.
The successful candidates entered a protest against the resolution and asked the syndicate to reconsider its decision.
This was done and Lt.
The three members were Mr. Justice Jagannadhadas Mr. Pradhan, the Director of Public Instruction in Orissa, and Mr. Lingaraj Misra, the Minister for Education.
He companypared the hints with the question paper and companysidered that the similarity between them justified the companyclusion that there had been a leakage.
For a second time the decision was unanimous and all eleven refused to review the former resolution.
This question was number on the agenda but the last item was, other matters, if any.
This is one of the grounds on which the validity of this resolution is attacked.
these, all but one Mr. Pradhan, the Director of Public Instruction, were present at the meeting.
80 of 1951, and Order dated the 20th August.
Dr. Bakshi Tek Chand G. C. Mathur and H. Mohapatra, with him for the appellants.
C. Chatterjee V. S. Sawhney and R. Patnaik, with him for respondents Nos.
It showed that thirty seven students had appeared for the examination in question.
The facts are as follows.
He had already prepared a numbere about this on the 21st before the meeting began.
CIVIL APPFLLATE JURISDICTION Civil Appeal No.
This examination was divided into three parts.
He at once companytacted three other members of the Senate and handed over companyies of these hints to them.
7 of 1952.
It so happened that an ordinary meeting of the University Syndicate had been called for the 21st to companysider certain other matters.
January 15.
The first M.B.B.S. Exa.
The theoretical portion, which was written, was fixed for the 9th and 10th of April, 1951.
The Judgment of the Court was delivered by BOSE J. This appeal arises out of a petition made by certain students of the Utkal University of Orissa to the High Court of Orissa at Cuttack seeking a mandamus under article 226 of the Constitution against the Vice Chancellor of the University and certain other persons companynected with it.
It is admitted that Mr. Pradhan was number told that this was one of the matters which would be companysidered at the meeting.
1951, in Supreme Court Appeal No.
This was on the 26th.
After setting out the facts the numbere companycluded I request the syndicate to discuss the matter as it is an important and urgent one before taking up the publication of the M.B.B.S. results which are also ready, though the subject is number in the agenda.
Two members of the syndicate were experts in Anatomy, namely Lt.
After carefully companysidering the question for some six hours, the members present passed the following resolution That after enquiry, the syndicate is satisfied that there has been leakage of questions in Anatomy and that the result in Anatomy examination be cancelled and that another examination in the subject be held companymencing from the 7th May, 1951.
M. Banerjee, President of the Board of Examiners.
The petition for mandamus was made by the twenty six who had passed and eight who failed thirty four in all.
Papatla submitted a report on the 20th.
The syndicate companysists of twelve members.
15 of 1951, on the file of the said High Court.
At 7 oclock on the morning of the 9th, before the examination began, a member of the Senate was told that there had been a leakage of the questions and he was given a paper which was entitled hints.
The examination proceeded as scheduled on the date,, fixed.
Papatla at length and also examined three other persons, namely, Mr. Bhairab Chandra Mahanty, who first gave the information, Dr. R. K. Mahanty, the internal examiner for the M.B.B.S. and Dr. 8.
The Vice Chancellor presided and he told the members present what had happened.
Papatla, the Principal of the Medical College, to look into the matter.
The report of the Board of Examiners setting out the results of the examination was received on the ,morning of the 21st some time before the meeting.
He at once asked Lt.
1 8, 10 16, 18 23 and 25 34.
mination of the University included Anatomy as one of its subjects.
Of these, twenty seven passed and ten failed in the written examination and the same ten, plus one other making eleven , failed in the practical and viva voce tests.
In the result, eleven of the thirty seven failed and twenty six passed.
The Vice Chancellor was informed on the 19th.
The syndicate heard Lt.
Papatla and Dr. S. N. Acharya, the Civil Surgeon .
The Vice Chancellor was number informed at the time and numberfurther action was taken.
Those present passed the resolution unanimously.
