KARISHMA RAMESH PANDEY Vs. UNIVERSITY OF MUMBAI

JUDGEMENT

(1.) The Petitioner is a student of the Second Year of the B.Com. degree course at the Third Respondent -M. L. Dhanukar College of Commerce which is managed and conducted by the Second Respondent. The issue before the Court in these proceedings relates to the validity of a decision taken by the authorities in the college to declare the performance of the Petitioner for the second term examination held in March 2007 as null and void. Consequent thereupon the Petitioner has been permitted to appear for the Second Year B.Com. examination to be held in October, 2007 or thereafter.

(2.) On 5th March, 2007 the Petitioner appeared for the examination in the subject of Economics II. A Junior Supervisor found that the Petitioner was copying from written material which had been written on her desk. Upon being confronted by the Junior Supervisor the Petitioner, it is alleged sought to strike out some of the answers written by her in the answer book in such a manner that deciphering what she had written would become almost impossible. According to the authorities, this attempt at destroying the evidence of having copied at the examination was not entirely successful and that some of the points written in the answer book can still be compared with what was jotted down by the Petitioner on the desk. The Junior Supervisor asked the Petitioner to change her desk and permitted her to complete the examination. Thereupon the incident was reported to the members of the examination committee. The desk on which the material was written was also sealed and kept in the office of the Principal of the college. The Petitioner was called upon to give a statement on the same day and in the course thereof the Petitioner stated that while recollecting her answers from memory, she had written something on the bench after receiving the answer book, but before the distribution of the question paper.

(3.) A notice was issued to the Petitioner on 5th March, 2007 of the unfair means enquiry committee which was to convene on 21st March, 2007 in connection with the use of unfair means by the Petitioner in the subject of Economics II. The Petitioner furnished a statement before the committee in the following terms :