PRADEEP KAKKAR Vs. UNIVERSITY OF GORAKHPUR AND ANOTHER

JUDGEMENT

(1.) The petitioner was appearing at the Bachelor of Engineering second Year examination of the Gorakhpur University when on 14th Aug., 1981 while he was giving the paper of Dynamics and Machines the invigilater caught the petitioner with some unauthorised material scribed on the question paper itself. Disciplinary proceedings were initiated. The petitioner was asked about it. He gave no explanation. The Examination Committee held the petitioner guilty of attempting to use unfair means, with the result that his Second Semester examination of 1980-81 was cancelled. Aggrieved, the petitioner has come to this Court.

(2.) Learned counsel' submits that being in possession of unauthorised material written on the question paper, the petitioner was net attempting to use unfair means. The unauthorised material was written on the question paper itself. It was obviously intended to be used at the examination. The fact that the petitioner did not get an adequate opportunity to use the unauthorised material was immaterial to the Charge of attempt to use unfair means. Means become unfair as soon as unauthorised material is brought into the examination hall, be it written on question paper or anywhere also. So long as the unauthorised material is found in possession or near the students that he can possibly use it, the possession of the unauthorised material is enough to bring home the charge of attempt to use unfair means. If the same has actually been used the charge would be using of unfair means. It cannot be said that being in possession of unauthorised material is immaterial to the charge of attempting to use unfair means. We are hence not satisfied that the University authority acted in excess of the powers possessed by him in cancelling the examination on the finding of attempting to use unfair means.

(3.) The petition has no substance. It is accordingly dismissed. We make no order as to costs. Petition dismissed.