VIKASH BANJARE Vs. GURU GHASIDAS VISHWAVIDYALAYA

JUDGEMENT

(1.) Petitioner would assail the decision of the respondent University, who has cancelled his examination of 2nd semester of B.Ed. (HI) course, which has the effect of disallowing him to appear in the 3rd semester examination scheduled to commence from 3rd December, 2018.

(2.) After perusal of the pleadings, documents and hearing learned counsel for the parties, it appears during the second shift examination of the concerned subject on 7-5-2018 the petitioner allegedly misbehaved with the Examiner for the reason that the question paper was distributed to him 8 minutes after the commencement of examination and the petitioner's request for allowing 8 minutes extra time was not granted. On this the petitioner allegedly threatened to tear the answer sheet and see the Examiner outside the examination hall. The Examiner, thereafter, made a complaint against the petitioner and a show cause notice was issued to the petitioner vide Annexure - P/2, to which the petitioner replied vide Annexure - P/3. Subsequently, the impugned order dated 11-7-2018 (Annexure - P/4) has been passed.

(3.) The questioned behaviour of the petitioner is not specifically included as one of the categories of use of unfair means during the examination, however, his case has been treated to be under the residuary clause 'H' which says that if the case is not covered under the described category, the competent committee may take appropriate action in each case.