ROHIT SHARMA Vs. CONTROLLER OF EXAMINATIONS PONDICHERY

JUDGEMENT

(1.) THE prayer in this writ petition is for a Writ of certiorarified Mandamus to call for the records of the first respondent in Ref. No. PU/ce/e14/03-04 dated 29. 9. 2004 and quash the same and consequently direct the first respondent to evaluate the papers of the petitioner with reference to all the examinations and declare the results therefor.

(2.) THE facts leading to the filing of the writ petition is that the petitioner joined the third respondent medical college in the year 2002-2003. He was a rank holder and he secured 92. 6% of marks in the Indian certificate of Secondary Education Examinations, 1999 and school topper in Pine Hall School , Dehradun. THE petitioner has written second year M. B. B. S. Examination on 24. 5. 2004 to 3. 6. 2004 in the third respondent premises and his registration Number was 226375066. On 1. 6. 2004, when he was writing microbiology Paper II Examination for a duration of two hours, he attended two essays and two or three short questions, the invigilator stopped him from writing the said examination on the ground that some extra papers namely Xerox copy was found below his desk. THE invigilator obtained his signature in the said extra paper and sent him out immediately much earlier before the expiry of two hours. It is stated that the petitioner is neither the owner of the said printed extra paper nor copied it; that along with the petitioner, three other students occupied the same desk in which two from first year and one from second year M. B. B. S. THE petitioner was served with show cause notice on 26. 7. 2004 and he has also submitted his explanation on 2. 8. 2004, however, the impugned order was passed on 29. 9. 2004 thereby the petitioner was found guilty and he was imposed the punishment of cancellation of all examinations written by him during May 2004 session and he was permitted to write the examinations to be held in December 2004, hence the present writ petition.

(3.) IN the show cause notice dated 26. 7. 2004, it is stated that the Chief Superintendent, University Examination of Mahatma Gandhi medical College and Research INstitute, Pondy has reported that the petitioner possessing incriminating materials and/or copying therefrom while answering microbiology II Examination and he was directed to show cause within one week from the date of receipt of the communication as to why disciplinary action should not be taken against him. On receipt of the said show cause not ice, the petitioner submitted a reply on 2. 8. 2004 stating that the' ; extra paper' ; did not belong to him nor he copied even a single word from the said paper. It is seen from the explanation of the petitioner that he denied all the averments and categorically stated that it was not recovered from his possession nor copied a single word. Though it is stated in the show cause notice that the petitioner possessing incriminating material and copying therefrom the fact remains that it was recovered only from the desk where the other students also written examinations.