MINOR MITUL MANILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. The petition is taken up for final hearing and disposal today considering the view that the Court is inclined to take. Learned Assistant Government Pleader is directed to waive the service of Rule.

(2.) The petitioner has sought a writ to quash and set aside the impugned punishment order dated 26/31.07.2007 (Annexure-A) made by respondent No.4. The petitioner is a student of Diploma in Civil Engineering with respondent No.5-Institute. The petitioner appeared for the 5th semester examination in May / June 2007. On 27.06.2007 the petitioner was issued a show cause notice wherein it was alleged that the petitioner had indulged in copying in the examination held on 14.06.2007 and why action should not be initiated against the petitioner. The show cause notice also referred to Rule No.15 and further stated that the petitioner was liable to have his result cancelled and also debarred from appearing at further one to four examinations and why the petitioner should not be imposed such punishment. The petitioner was asked to remain present for personal hearing on 06.07.2007.

(3.) The petitioner appeared on 06.07.2007 and submitted a reply whereunder the past academic career of the petitioner was referred to and it was stated that the petitioner has not indulged in any form of malpractice or misconduct and hence, no punishment be inflicted.