ASHU GUPTA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for quashing of the impugned Memorandums dated 27.9.2011 and 24.10.2011 respectively issued by the Deputy Controller of Examinations of the respondent/University, whereunder the entire examination taken by the petitioner for the LL.B.-VI Term Examination-2011 under Roll No.67674 was cancelled on the ground that she had resorted to use of unfair means/disorderly conduct during the aforesaid examination.

(2.) In a nutshell, the facts of the case are that the petitioner appeared in her LL.B.-VI Term Annual Examination-2011 held on 10.5.2011 for paper LB-603. During the course of the said paper, the Superintendent of the Examination Centre recovered the examination date sheet from the possession of the petitioner whereon it was observed that there existed unauthorized handwritten material on the backside of the date sheet, which material was relevant to answering question No.8, which was set in the question paper. On 29.7.2011, a show cause notice was issued to the petitioner for use of unfair means/disorderly conduct. Vide representation dated 11.8.2011, the petitioner submitted her reply to the aforesaid notice to show cause. The relevant extract of her reply is reproduced herein below:

(3.) After examining the aforesaid reply, the impugned Memorandum dated 27.9.2011 was issued by the Deputy Controller of Exams of the respondent/University stating inter alia that after considering all the documents on record including the personal hearing, the Executive Council of the respondent/University was satisfied with the findings of the Examination Disciplinary Committee (EDC) to the effect that the petitioner had resorted to use of unfair means/disorderly conduct during the aforesaid examination and was liable to be awarded the punishment under Clause B of the guidelines circulated to her along with the admission ticket, which stipulate cancellation of the entire examination. As per the aforesaid guidelines, the Executive Council of the respondent/ University decided to cancel the entire examination in all papers and subjects taken by the petitioner under Role No.67674, while further observing that she would be eligible to be admitted to the examination afresh as and when held subsequently.