BANSI LAL GERA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioner was a student in one of the colleges affiliated to the University oi Delhi. In April, 1968 he appealed in B.A. (Pass) examination held by the said University. On 25th August, 1960 the Registrar of the University sent him a letter stating that he had been dis-qualified from passing the said examination and expelled from the University and also debarred fr being admitted to any future examination of the University.

(2.) . The petitioner has challenged the validity of the said order by a petition filed by him against the University and its Registrar under Article 226 of the Constitution praying for a writ of certionari with a view to quash the order pasted against him and also to issue a direction to the University TO treat him as having duly passed the B.A. (Pass) I examination held in April. 1966.

(3.) The petition is opposed by the Respondents on whose behalf an affidavit has been filed by Shri Madan Mohan Ass stant Registrar (Examinations) University of Delhi reciting the circumstances under which the impugned order was made by the Executive Council of the University. Affidavits have also been tiled by Shri B. S. Khosla and Prof. S. N. Verma. The latter was a member of the Committee of Enquiry while the former was Invigilator who had caught the petitioner using unfair means at the examination. According to the affidavits of Shri Madan Mohan and Shri B. S. Khosla the petitioner was detected by Shri B. S. Khosla trying to read from a paper in his hand while answering Commerce Paper III on 20th April, 1966. The Invigilator at once asked him to hand over that paper to him but the petitioner refused to do so and swallowed it. The petitioner then tried to run out of the room but was chased by the Invigilater and brought inside. The matter was at once reported to the Superintendent of Examination who on his arrival asked the petitioner if he wanted to make any statement about the incident. The petitioner replied in the negative. Shri Khosla's version of the incident was supported by the other Invigilator Mrs. S. Butalia. A waterman, named, Shri Ishwar Das who was attached to the Examination ball also stated that he had seen the petitioner swallowing the piece of paper and noticed that the petitioner was running out of the room. The Superintendent and the Invigilators sent their reports to the University.