VIJAY KUMAR Vs. BUNDELKHAND UNIVERSITY

JUDGEMENT

(1.) The petitioner, who had appeared at the B.A. L.L.B. third semester examination, has filed this petition for quashing the order dated 16th August, 2013 passed by the respondent-Bundelkhand University, Jhansi by which the third semester examination result of the petitioner has been cancelled and he has been debarred from appearing in the next semester examination. On 27th September, 2013, time was given to the learned counsel appearing for the respondent-University to produce the records. Learned counsel appearing for the respondent-University has produced the records. It is seen from the records that on 21st January, 2013 when the petitioner was appearing in the Political Science third paper, a handwritten photo-stat copy was found in his possession by the Flying Squad and so a show-cause notice dated 2nd July, 2013 was issued to the petitioner to which he submitted a detailed reply stating that the photo-stat copy did not belong to him and nor was it in his handwriting. The records also show that the examiner who examined the unauthorised material and the answer book had reported that the unauthorised material did not only relate to the question paper but the petitioner had also utilised it in his answers. It is in view of the aforesaid report that the Examinations Committee constituted to deal with and decide cases relating to use of unfair means decided to cancel the third semester examination result of the petitioner and also debarred him from appearing in the next semester examination.

(2.) Learned counsel for the petitioner has submitted that the decision taken by the Examinations Committee deserves to be set aside as the unauthorised material was not recovered from the possession of the petitioner and nor is it in his handwriting.

(3.) In order to examine the connection advanced by learned counsel for the petitioner reference needs to be made to the decision of the Supreme Court in Board of High School and Intermediate Education, U.P. Allahabad and another v. Bagleshwar Prasad and another, 1966 AIR(SC) 875 This was the case where the candidate was charged with use of unfair means as he had given wrong answers in precisely the same form as the answers that had been given by another candidate. The High Court found that the conclusion of the Enquiry Committee that the respondent had copied either from the answer book of another candidate or from another source was not supported by any evidence. The Supreme Court, however, reversed the decision of the High Court holding that the question before the Enquiry Committee had to be decided in the light of the nature of the incorrect answers and that is what the Enquiry Committee had done. It was also observed: