THAKKAR KIRAN KAILASH Vs. GUJARAT TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) RULE. Mr.Dipan A.Desai, learned advocate, waives service of notice of RULE for the respondent. By preferring the present petition under Article 226 of the Constitution of India, the petitioner has made the following prayers:

(2.) THE petitioner is studying in the First Year of the Diploma in Pharmacy course at the Diploma Pharmacy College, Rampura (the College for short), which is affiliated to the Gujarat Technological University (respondent herein). THE petitioner appeared in the Final External Examination, in the subject of Health Education and Community Pharmacy, on 01.06.2011. According to the petitioner, she completed the said Examination without any complaint or warning being issued to her by the Supervisors / Monitors, present in the Examination Hall. On 08.07.2011, the respondent-University addressed a letter to the Principal of the College, stating that the petitioner, along with other students, has allegedly used unfair means and is required to appear before the Examination Committee for a hearing in connection with the same on the specified date and time. THE petitioner remained present before the Examination Committee of the respondent-University on 20.07.2011. According to the petitioner, no effective hearing took place on that day. THE petitioner gave written application to the Examination Committee, denying the allegations against her. THEreafter, by communication dated 27.07.2011, the University informed the petitioner that punishments have been imposed upon her, as per Circular dated 03.11.2010. Consequently, result of all subjects of the First Year Examination has been cancelled, and the petitioner is debarred from appearing in the next two examinations, to be conducted by the respondent-University. Aggrieved thereby, the petitioner has approached this Court by way of this petition.

(3.) IT is further contended on behalf of the University that the answer-sheets of the petitioner were sent for checking to the Examiner, who found that she has copied answers from a Handbook by Shri Ashok Gupta. The Examiner has reached this conclusion as various answers of the petitioner are verbatim similar and identical to the material in the said Handbook. IT is submitted that the Report of the Examiner is clear enough and the University has rightly imposed punishment upon the petitioner. That, the Examination Committee has considered the documents furnished by the Examiner, and having found substance in his Report, has rightly registered case of Unfair Means against the petitioner, who has been informed of the same by notice dated 08.07.2011, through the concerned College. The petitioner was shown the Report of the Examiner and her answer-sheets, therefore, it cannot be said that the related material was not supplied to her. Ample opportunity of hearing before the Examination Committee has been granted to the petitioner and there is no violation of the principles of natural justice by the University.