RAMALA JASWANTH REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this batch of writ petitions, the petitioners challenged the proceedings in Roc. No. 2006/E1A/MBBS/MP/2021 dtd. 19/11/2021 of 3 respondent imposing punishment to them for use of unfair means by disqualifying them for a period of three years including April 2021 from the whole examination.

(2.) The petitioners are the 1 year MBBS students studying in 5 respondent Medical College. During the 1 year MBBS main examination, they failed in certain subjects, particularly in Biochemistry. The petitioners' case is that they appeared in supplementary examinations conducted in the month of April 2021 and completed the exams on 30/4/2021 and during the course of examination they were not booked for any malpractice being committed in the examination hall and on the other hand after completing the examination they returned home. Their further case is that on that evening at about 7.00 P.M., while the petitioners were at their respective residences, the police of IV Town Police Station, (Dargamitta PS), Nellore called them by phone to the residential Flat No. 102 of Pooja Sathyadevam Apartment situated in Saraswathi Nagar, Nellore belonging to Sri. Dr. Singamsetti Bhaskar, Assistant Superintendent working in 5 respondent College on the pretext of some enquiry. When the petitioners reached the said Apartment, they found one lady police officer viz., Nageswaramma was present along with her staff. She took the petitioners to different rooms of the flat and gave some empty answer sheets similar to the answer sheets of the University and asked them to write some text matters on some papers on the pretext of comparison of their hand writings for the purpose of some enquiry. The petitioners have innocently cooperated with the police officer and wrote some text relating to the subject of the Biochemistry Paper provided on the papers given by the police officer. Later the police have implicated them in Cr. No. 112/2021 of Dargamitta Police Station for the offences under Ss. 417, 427, 120B IPC and Ss. 8 and 10 of the A.P. Public Examinations (Prevention of Malpractices and Unfair Means) Act, 1997 (for short, "the Act 25 of 1997 ") on the allegation that the petitioners in order to get themselves passed in the Biochemistry subject, colluded with A1 and other accused and while the examination papers were under transit from Post Office to RMS, got them diverted to the residential flat of A1 and copied the answers on the original answer booklets where they left some empty white papers in the bunch of their answer booklets. The police filed charge sheet against them with all false and untenable allegations which was taken cognizance by the learned V Additional Judicial Magistrate of First Class, Nellore and registered as C.C. No. 5155/2021. On departmental side the matter was placed before the Malpractice Committee of the 2 respondent University and after considering the material placed before it, the Committee found all the petitioners guilty of malpractice and made recommendations to the University and the 3 respondent, who is the Vice-Chancellor of 2 respondent University, passed the impugned proceedings disqualifying the petitioners for a period of three years including April 2021 from the whole examination. The petitioners' case is that they are innocent and they were falsely implicated in the case without there being any plausible material against them. Their further case is that before issuing the impugned proceedings, principles of natural justice were not followed as the material relied upon by the Malpractice Committee as well as by the 3 respondent such as the report of the Malpractice Committee etc. were not furnished to the petitioners so as to effectively present their case.

(3.) Hence, the writ petition.