VICE Vs. ABHAY KUMAR TRIPATHI AND OTHERS

JUDGEMENT

(1.) We are in respectful disagreement with the reasoning given and the order passed by the Honourable Single Judge on 27.7.2006 allowing the writ petition of the respondent-writ petitioner.

(2.) The allegation against him was that when taking the part III (Economic Papers) in the B.A. Part III examination, one printed page was found in his possession which was related to the subject which was being examined.

(3.) In these cases, the rules lay down a detailed procedure as to how the Invigilator has to note down from where exactly the material was recovered from the student and the student's signature is also to be taken; if the student refuses to sign, such refusal is to be contemporaneously recorded. These things were not followed at all and the material was sent to the Committee along with the signature of the Invigilator on the requisite form which was practically unfilled.