ASHUTOSH SINGH JELIYANG Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, a student of L.L.B. Honours course in the University of Allahabad, is aggrieved by communication dated 5.11.2013 by Controller of Examination, whereby, he has been informed of the decision of Unfair Means Committee cancelling his result of L.L.B. Honours VI Semester Examination 2012 -13 and debarment from the corresponding (and any other) Examination of 2013 -14. The order has been challenged on the following grounds: - (a) The Unfair Means Committee, which is empowered to take such decision, has not been constituted so far. (b) It has been passed without following the procedure prescribed under the Ordinances, which requires that such decision can only be taken by at least 3 members of the Unfair Means Committee. (c) The petitioner has not used any unfair means and two printed pages were picked up by the flying squad from the ground. The said material neither belongs to the petitioner nor has been used by him in answering the question paper. (d) Self contradictory findings have been recorded in the impugned order. (e) Punishment imposed is severe.

(2.) ON the other hand, the University in its counter affidavit justified its action. The material seized from the petitioner (two printed pages) and the answer script have been brought on record to show that unauthorised material was used by the petitioner in answering the questions. The original records relating to constitution of Unfair Means Committee, the deliberation held by the Unfair Means Committee in its meeting held on 5.11.2013 and the material seized for answering the questions, were produced before this court on different dates, pursuant to directions of this Court.

(3.) I have heard learned counsel for the petitioner and Sri V.K. Singh on behalf of respondent University and perused the record.