BHAVINKUMAR GANPATBHAI PADHIYAR Vs. SARDAR PATEL UNIVERSITY

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is at the instance of an unsuccessful writ applicant and is directed against the judgement and order passed by a learned Single Judge of this Court dated 17th August 2020 in the Special Civil Application No.6374 of 2020, by which the learned Single Judge rejected the writ application.

(2.) The appellant before us is a final year B. Sc. student. On 18th November 2019, while appearing in the examination, he was caught indulging in unfair means. It is alleged that while the examination was on, the appellant sought permission of the supervisor to go to the wash room and while the appellant was inside the wash room, he was caught with a book in his hands of the very same subject for which he was appearing in the examination. Accordingly, action was taken against him by the Examination Committee of the Sardar Patel University. It appears from the materials on record that later, the Unfair Means Committee of the University heard the appellant herein and proposed punishment debarring the appellant from appearing in three consecutive examination.

(3.) Being dissatisfied with such action at the end of the University, the writ applicant came before this Court by filing the Special Civil Application No.6374 of 2020. The writ applicantion was heard by a learned Single Judge of this Court, and ultimately, vide judgement and order dated 17th August 2020, rejected the writ application. The learned Single Judge, while rejecting the writ application, observed in paras 11 and 12 respectively as under: