COMMITTEE OF MANAGEMENT, BABU GULAB SINGH GAHARWAR DEGREE COLLEGE BANHETA, GAURA Vs. VICE CHANCELLOR OF MAHATMA GANDHI KASHI VIDHYAPEETH UNIVERSITY, VARANASI

JUDGEMENT

(1.) The petitioner no. 1 is Committee of Management of a Degree College, namely, Babu Gulab Singh Gaharwar Degree College Banheta, Gaura, District Mirzapur (for short, the "College"), whereas petitioner no. 2 is its Manager. The petitioners have preferred this writ petition for issuance of a writ of certiorari for quashing of the order dated 07th August, 2012 passed by the Controller of Examination, Mahatma Gandhi Kashi Vidyapith Varanasi, whereby it has imposed the fine to a tune of Rs.3 lakhs upon the College for mass-copying and cancelled the examination held in the College in the Second Session on 03rd April, 2012.

(2.) The essential facts are that the College is affiliated with the Mahatma Gandhi Kashi Vidyapith, Varanasi (for short, the "University"). The affairs of the College are governed by the provisions of the Uttar Pradesh State Universities Act, 1973 (for short, the "Act, 1973") and the First Statute of the University. It is stated that on 03rd April, 2012 when the examination of the academic session 2011-12 was going on, the Flying Squad of the University made a surprise visit of the College during the examination of Second Session. In the said visit, the Flying Squad found that large number of students of the College were involved in adopting unfair means. The Members of the Flying Squad found huge unauthorised materials. The Flying Squad submitted its report to the University. It is stated that on the basis of the said report submitted by the Flying Squad, the University issued a show cause notice, to which the Center In-charge of the College submitted a reply. The Examinations Committee has considered the explanation of the College and passed the impugned order, whereby the examination held in the second session on 03rd April, 2012 in the College has been cancelled and a fine to a tune of Rs. 3 lakhs has been imposed on the College on account of mass-copying. Against this background, the petitioners have filed the present writ petition. Learned Counsel for the petitioners has placed reliance on a judgement of this Court in the case of Adarsh Shiksha Mandir Inter College v. State of U.P. and others, 2011 3 ADJ 605.

(3.) A counter affidavit has been filed on behalf of the respondents. The stand taken by the respondents is that on 03rd April, 2012 during the second session of examination at 2.15 P.M. the Flying Squad, constituted by the University comprising of Professor and Senior Teachers, conducted a surprise visit in the College and found an alarming situation prevailed in the examination room. The students immediately started throwing the unauthorised materials, as a result whereof a large amount of cheating materials collected inside the Room No. 1 as well as outside. The Invigilators were also found involved in throwing the chits. Five students were caught red handed. However, if sufficient time was made available to the Flying Squad, there was a possibility of catching all the students having chits in their possession. The Members of Flying Squad were of the opinion that the College was carrying out the whole cheating activities in a preplanned manner and, therefore, they recommended that the examination of the session in question be cancelled and the examination centre be changed. A copy of the report of Flying Squad has been brought on record as annexure-1 to the counter affidavit. The Examinations Committee of the University had received similar reports from various Flying Squads about 11 centres (11 colleges). The Examinations Committee considered the report of the Flying Squad and the representations submitted by the respective colleges and resolved to cancel the examination concerned and impose fine upon such colleges. It is further stated that the Examinations Committee is comprised of Experts having high academic qualifications and long experience in the specialized fields. It is also stated by the respondents that in the writ petition there is no allegation of malafide against any of the officers of the University or the Members of the Flying Squad. The University has further relied upon a judgement of this Court dated 07th January, 2013 passed in Writ-C No. 48018 of 2012 (The C/M Keshav Prasad Ralhi Mahavidyalaya and others v. The State of U.P. and others).