C P JAGADEESH Vs. MYSORE UNIVERSITY

JUDGEMENT

(1.) THE petitioners in these petitions are the students of M. B. B. S. Course studying in respondent-J. S. S. Medical College. They are aggrieved by the decision of the Syndicate of the respondent-Mysore University dated 18-9-98. On the charge of malpractice their examination of July, 1998 has been invalidated and they have been further debarred from taking any of the University examination for one more attempt (subsequent session of the examination ). According to the University authorities the petitioners were found guilty of identification of registration number on the answer scripts. Accordingly they were issued show cause notice requiring them to explain as to why appropriate action should not be taken against them for the said charge. The petitioners appeared before the Malpractices Committee and after perusal of the answer scripts they admitted in writing of identification of registration mark on the answer scripts but according to them it was unintentional.

(2.) ). I had called for the answer scripts of all the petitioners as also the proceedings of the Malpractices Committee and the resolution of the Syndicate accepting the recommendation of the Malpractices Committee which has been produced before the Court. Just for the satisfaction of the learned Counsel appearing for the petitioners, I myself perused the answer scripts and also allowed the learned Counsel to see it for themselves. The answer scripts clearly show that contrary to the printed instructions on the answer book a conscious effort was made to see that the registration number appears on the second page of the answer book. It is clear to the bare eyes that it has been successfully done by using a ball point pen though the answers have been written in ink pen. In my opinion it is not necessary for this Court to enter into the question of intention with which the said efforts were made. But the facts remain that the petitioners had tried to disclose their identities in the answer books.

(3.) INSTRUCTION No. 2 printed on the answer book reads thus :