MAHENDRA TRIPATHI Vs. ALLAHABAD UNIVERSITY

JUDGEMENT

(1.) THE petitioner appeared in B. Sc. Part I examination, 1996 conducted by the University of Allahabad. He was a regular student of C. M. P. Degree College - a College affiliated to the University of Allahabad. His roll number was 113476. On 31-8-1995 during the course of examination in Chemistry 3rd paper, the petitioner was caught by Flying Squad and certain material "three printed pages both sides" was recovered from him and his answer sheet was accordingly seized by the Flying squad and another answer sheet was supplied to him. He was given printed notice of using unfair means in the examination and his signature obtained on the second page of the notice forming part of the answer book. THE room- invigilator under his own signature made an endorsement "caught by the University Flying Squad" on the first page of the notice which was attested by the Chief Invigilator and the Examination Superintendent/principal, C. M. P. Degree College, Allahabad. On the answer book also an endorsement "caught by the University Flying Squad'' the printed pages both sides recovered from the student" was made under the signature of B. K. Srivastava on the first page of the answer book which is meant for noting down the marks obtained by the examinee. All these formalities were done in the Examination Hall itself.

(2.) THE petitioner was later on served with a notice dated 9-10-1995 (Annexure-3 to the writ petition) stating therein that while taking examination in Chemistry 3rd paper of B. Sc. Part I, he was found using "unfair means" "three pages of printed material" and called upon to show cause by 9-10-1995 as to why his examination be not cancelled and why should he not be debarred from appearing in the examinations of the University in the coming years. THE petitioner, it is stated, submitted his reply on 17-10-1995 stating therein that on 31-8-1995 during the course of examination in Chemistry 3rd paper, the Flying Squad came and conducted search of his person and a member of the Squad snatched his answer book without disclosing any reason and he was also made to sign on a printed form and later on he was told that three printed pages were found from behind his seat. THE petitioner denied recovery of any kind of unauthorised printed material from him.

(3.) IN order to appreciate the rival contentions it would be worthwhile to advert to the related provision contained in the Ordinances on the use of unfair means and causing disturbances in the examination. According to the Scheme of Ordinances, candidate found using or attempting, aiding, abetting or instigating to use unfair means at the examination of University shall be punished by a Committee of not less than five teachers appointed by the Examination Committee or by the Vice-Chancellor acting on behalf of the former. The Committee, it is provided, is to take into consideration (a) the report, if any, about the candidate having been found in possession of unauthorised material; (b) the reply, of the candidate, if any, to the notice; (c) the report of the examiner concerned, if any regarding the transcription or non-transcription of the unauthorised material of which the candidate was found in possession; (d) any other report of intimidation, threat, man handling or violence received in connection with the conduct of the examination by any person on duty of the University; (e) and any other material.