RAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Shri Amitabh Tripathi, learned counsel for the petitioner and Shri A.B.L. Gaur, Learned senior advocate assisted by Shri Saurabh Gaur, learned counsel for the respondent -University namely respondent no. 2 and 3.

(2.) THE writ petition has been filed challenging communication dated 21.08.2013 issued by the Controller of Examination informing the petitioner that he had used unfair means and was caught by Flying Squad with Two chits, which were used in answering the question no. 2 from page no. 1 to 5 of the answer book of Economics.

(3.) MOST striking part of the record produced by the University is that another letter no. 06/1412/2013 dated 21.08.2013 was issued under the signature of Controller of Examination of University addressed to the petitioner . It may be noted that contents of both the letters are one and the same. This fact shows that only communication was sent to the petitioner about the punishment inflicted upon him. Learned counsel for the respondent -University has failed to show from the record that there is any resolution of the Unfair Means Committee which is authorised to take decision under the Unfair Means (Ordinances) of the University. A perusal of the ordinances indicates that Clause 1.4, as contained in Chapter XXVIII? of the Ordinance provides that punishment prescribed in the Ordinances shall be awarded by a Committee, not less than five teachers appointed by the Examination Committee or by the Vice Chancellor acting on behalf of the Examination Committee. The Quoram of this Committee shall be three members.