P MYTREEYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed challenging proceedings of the 2nd respondent dated 24.11.2020, awarding a punishment of disqualifying the petitioner from prosecuting and appearing for exams in the MBBS course for one year.

(2.) Case of the petitioner is that, he is a student of 3rd year MBBS course in the 4th respondent college and appeared for the 2nd year examination held in November, 2020 with Hall Ticket No.17061103; on 07.11.2020 when he was writing Microbiology Paper-II, the Chief Superintendent/Special Observer suddenly snatched the answer sheet and the hall ticket of the petitioner without any reason alleging that he was carrying printed material with him; petitioner repeatedly submitted that he was not carrying any printed material, but the Special Observer did not permit the petitioner to finish the exam and forced him to sign in some blank pages; subsequently, petitioner received proceedings dated 12.11.2020 alleging that the petitioner was copying using printed material; no documents were enclosed in support of the allegation and there is no allegation as to whether the printed material allegedly used by the petitioner is relating to exam which he is appearing for and hence, petitioner is denied of the liberty to rebut the allegations; however, petitioner has submitted his reply on 18.11.2020 and the petitioner was served with the impugned order dated 24.11.2020 awarding punishment of disqualification for a period of one year; he was not allowed to appear for Pathology practical examination that was scheduled on 02.12.2020 and the 2nd respondent passed the impugned order without referring to the explanation offered by the petitioner and without giving any reasons; reports referred to in the impugned order are not furnished to the petitioner; as the impugned order is penal in nature respondents are required to follow the principles of natural justice. Challenging the same, present writ petition is filed.

(3.) Counter-Affidavit is filed by the 3rd respondent, stating interalia that Special Observer was appointed by the Vice-Chancellor on 21.10.2020 to look after the proceedings of the theory examinations at Guntur Medical College; Special Observer found the petitioner copying in Microbiology Paper-II examination which was held on 07.11.2020 with the help of printed material and the Special Observer has reported about the same in the prescribed pro-forma along with the explanation of the petitioner, wherein, the petitioner himself has admitted his guilt; the hall ticket, answer script and the printed material were seized from the petitioner by the Special Observer; the answer script which was given to the petitioner contained a heading 'instructions to the candidates' in which under Instruction No.10, it was clearly stated that 'copying in any form is a very serious offence, carrying severe punishment. Do not carry any written or printed matter, pagers, cell phones and any other electronic gadget in any form to the examination hall'; in spite of repeated instructions, the petitioner was caught redhanded by possessing printed material by the Special Observer; according to Section 2 of A.P. Public Examinations (Prevention of Malpractices and unfair means) Act, 1997, if a candidate is found in possession of any material, which is relevant to the subject of the examination, he shall be disqualified from appearing in any University examination for one year including that in which is found guilty; Rule (3) of the Standing Orders of the Executive Council of Dr. NTR Health University, deals with the punishment for use of unfair means; petitioner was asked to give his explanation and he submitted his explanation; the case was placed before the Malpractice Committee, which met on 24.11.2020; after considering the Special Observer report, explanation of the candidate and the material seized from him, the Committee came to the conclusion that the petitioner was found guilty of possessing forbidden material in the examination hall; the Vice-Chancellor, after taking into account the report of the Chief Superintendent and the Special Observer, explanation of the petitioner and the recommendation of the Malpractice Committee, has come to the conclusion that ends of justice would be met by awarding the punishment of disqualifying the petitioner for a period of one year, including November, 2020 examination and prays for dismissal of the writ petition.