(1.) THE writ petitions have been referred to this Full Bench since doubt was raised in regard to correctness of the decision of a Division Bench in Writ Petition No. 14069 of 1981 (Umesh Singh v. Vice Chancellor, Gorakhpur University) and connected petitions dated January 15, 1982 and a question of general importance affecting a large number of examinees is involved.
(2.) ON September 12, 1981 the Examinations Committee, Gorakhpur University resolved accepting the report of a sub-committee that if the Centre Superintendent, the Observer, the Centre Invigilator, the Flying Squad or the Examiner reports that mass copying has been resorted to in relation to any examination paper at a Centre, and, in case there is no report from the Examiner, upon confirmation by him that mass copying has taken place, there may be deduction made upto 30% out of the maximum papers (numbers ?) in the concerned paper affecting all the examinees at the particular Centre, under the order of a Sub Committee comprising of the Dean of Faculty, the Head of the Department and a Teacher nominated by the Head of the Department.
(3.) THE five petitioners in Writ Petition no. 11530 of 1983 appeared in B.Sc. (Agriculture) (Part I) Examination as regular students of the Murli Manohar Post Graduate College, Ballia affiliated to the Gorakhpur University in April 1983. On account of the deduction of 30% marks in paper VI (Animal Husbandry) they were declared 'failed' though in other papers they secured nearly First class marks.
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