MOHAMMED YASSER Vs. VISHVESWARAYA TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) APPELLANT is the petitioner in Writ Petition no. 7129/2008 wherein he has challenged the order dated 11. 4. 2008 of the 1st respondent-University by which penalty of denial of benefit of performance of the Examinations conducted during December 2007 to january 2008 and debarring the petitioner from appearing for any examination till December 2008/january 2009 and other penalties were imposed.

(2.) THE facts of the case in brief are-that the appellant is a student studying in B. E-Information Technology in the 2nd respondent-college. While he was answering the I semester examination in Computer Concepts and C-Programming (Practical), he was found to be in possession of a mobile phone containing certain snaps relating to the subject. An enquiry was initiated into the malpractice committed by the Appellant-writ petitioner during the examination and a Committee was constituted to go into the allegation levelled against the appellant. The Committee recorded the statement of the appellant as per Annexure-R. 2 which reads thus:

(3.) THE learned Single Judge in the course of the order, observed that the findings recorded by the Committee do not bear the signature of the person who has recorded such findings and the seal or designation of the person who recovered the mobile and that there is no proceeding or order passed by the Committee recording the reasons for its conclusion about the involvement of the appellant-writ petitioner in the malpractice. But, however, based on the admission of the writ petitioner himself that he was in possession of the mobile phone at the time when he was answering the paper, partly allowed the writ petition and modified the penalty imposed by the 1st respondent and the operative portion of the order of the learned single Judge dated 19. 6. 2008 reads thus: