PATEL DIPTIBEN ANILBHAI Vs. GUJARAT TECHNOLOGY UNIVERSITY

JUDGEMENT

(1.) Rule. Mr.Dipan A. Desai, learned Advocate, waives service of notice of Rule for the respondent, On the facts and in the circumstances of the case, and with the consent of the learned Advocates for the respective parties the petition is being heard and finally decided.

(2.) The present petition under Article 226 of the Constitution of India has 1 been preferred with a prayer to issue a writ of mandamus or an appropriate direction, quashing and setting aside the decision dated 01.03.2011, taken by the respondent University, whereby the results of the petitioners of all the subjects for the First Semester Examination, have been cancelled, and the petitioners have been debarred from appearing in the next two Summer/ Winter examinations, to be held by the University.

(3.) Briefly stated, the relevant facts of the case are that, the petitioners are students of the First Year, studying in Shri Swaminarayan Pharmacy College ("College" for short). The examinations for all subjects in the Faculty of Pharmacy for the First Semester of: academic Year 2010 -2011, were held in the month of January 2011. One of the subjects in the Faculty of Pharmacy for the First Semester of Academic Year 2010 -2011, was that of Elementary (Remedial) Mathematics, for which the examination was held on 13.01.2011. The petitioners appeared in the said examination on 13.01.2011. According to the petitioners, the petitioners were amongst 45 students appearing in the said examination, who were divided into two Class rooms, one containing 30 students and the other containing 15 students. The petitioners were all sitting in the same room, containing 30 students. It is stated in the petition that the examination was held strictly under the supervision of the Observer deputed by the respondent University, and two Supervisors selected by the Observer in the premises of the College. After the examination, the Answer Sheets were duly sealed in the presence of the Observer and sent to the respondent University. On 14.02.2011, the Incharge Registrar of the respondent University addressed letters to the petitioners asking them to remain present before the Examination Committee of the respondent University, in connection with unfair means cases registered against them, at 1:00 P.M. on 22.02.2011. It was also stated in the said communication that a penalty as contemplated in Circular dated 03.11.2010 of the respondent University, was proposed to be imposed upon the petitioners. The petitioners presented themselves before the Examination Committee of the respondent University on 22.02.2011, and denied having resorted to any sort of corrupt or unfair practices. The petitioners were informed by the College that the respondent University had cancelled the results of all the examinations of the First Semester in the Faculty of Pharmacy. The petitioners were also informed by the College that the respondent University, by decision dated 01.03.2011, had debarred them from appearing for the nexttwo Summer/Winter Examinations, to be held by the said University. The petitioners approached the College Authorities, pointing out that they were innocent and have not indulged in any unfair practices during the examination, and requested that the College take up the matter with the respondent University. Letters dated 11.03.2011 and 15.03.2011 were addressed by the College Authorities to the Registrar of the respondent University, requesting him to take a lenient view in the matter. However, the Incharge Registrar of the respondent University, vide letter dated 01.04.2011, addressed to the Principal of the College, informed him that the earlier decision taken by the Examination Committee of the respondent University would be maintained. Being aggrieved by the impugned decision communicated to them vide communication dated 01.03.2011, the petitioners have approached this Court by filing the present petition.