COMMITTEE OF MANAGEMENT, LALIT KRISHNA WOMEN INSTITUTE OF HIGHER EDUCATION AND ORS. Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Lalit Krishna Women Institute of Higher Education, Inderpur, Ballia1 is an educational institution affiliated to Mahatma Gandhi Kashi Vidyapeeth, Varanasi2 (the fourth respondent). It was made an examination centre by the University for conducting annual examination of Undergraduate courses during the academic session 2014 -15. On 7.5.2015, the flying squad visited the institution in the first meeting, when Mathematics (Second) Paper examination of B.Sc. 1st Year was being held. It was followed by a report of the flying squad stating that at 10.45 a.m. when it reached the institution and compared the answer scripts, it found answers of almost all the students to question no.1 and 8 (a) and (b) to be identical.

(2.) The Institution through its committee of management challenged the communication of the decision of the Examination Committee by the Registrar by filing writ petition3, which was disposed of by this Court by judgment and order dated 30.6.2015 in terms of the judgment passed in Writ -C No.35627 of 2015 (C/M Sri Neelam Devi Maha Vidyalaya through its Manager Vs. State of U.P. and others). The said writ petition was filed by another educational institution aggrieved by the same decision of the Examination Committee. The writ petition aforesaid was disposed of by this Court by directing the University to provide post decisional hearing to the management and during that period the decision impugned was kept in abeyance.

(3.) In compliance of the order passed by this Court, the petitioner institution was made available the tabulation chart pertaining to the students of the institution. The result of Mathematics Second Paper of B.Sc. 1st Year was placed under UFM (Unfair Means) category. In compliance of the order of this Court dated 30.6.2015, the Registrar of the University issued a notice dated 14.7.2015 requiring the Principal of the institution to remain present for hearing on 22.7.2015 at 3.00 p.m. alongwith all relevant records before the Vice Chancellor. The petitioner committee appeared before the Vice Chancellor on the assigned date and time and submitted its written objections, in which request was made to cancel the decision of the Examination Committee imposing fine of Rs.3 lacs, restore the status of the educational institution as an examination centre and to declare the entire result of the examination in question. The Vice Chancellor passed an order on 1.10.2015, whereby he reaffirmed the decision of the Examination Committee dated 3.6.2015 holding the petitioner institution guilty of the charge of mass copying. While reaffirming the decision of the Examination Committee, the Vice Chancellor placed reliance on the report of the flying squad and the decision of the Examination Committee.