RAVINDRA ROY Vs. BHOPAL UNIVERSITY

JUDGEMENT

(1.) These 38 petitioners, who appeared in the LL.B. Part II Examination from Saifia Law College, Bhopal are challenging the cancellation of their examination and their being debarred from appearing in three examinations, allegedly for using unfair means in the examination.

(2.) These petitioners were regular students of Saifia Law College, Bhopal, under the Bhopal University. The LL.B. Part II examination commenced from 21-4-1987 and all the papers were completed by 29-5-1987. On 24-4-1987, there was paper on Personal Law and the students appearing in that examination were sitting in room Nos. 36 to 38 in Saifia College premises. In room No. 36, there was one student Shahriyar Khan and in room No. 38, there was a girl student Ku. Asmita Ambare. As Shahriyar Khan had gone to room No. 38 to help Ku. Asmita Ambare, there was a quarrel with the invigilator, who was assaulted by Shahriyar Khan. A report was lodged in the Police Station and offences under Ss.294, 332 and 353, I.P.C. were registered against him. On that day, in all, 36 students were caught using unfair means and incriminating materials were seized from them and they were given show cause notices. According to the petitioners, the remaining 98 students, who appeared in that paper, did not use any unfair means and at no time they were warned that they had used unfair means. Nothing was seized from them, nor any show cause notice was given. The petitioners were taken by surprise on looking to the tabulation report of the LL.B. Part II examination from Saifia College mentioning that all these 98 students have been declared fail for having used unfair means in the paper on personal law. The petitioners represented to the Registrar, through the Principal of the College, but they were told that the information of the Unfair Means Committee is confidential and the same cannot be supplied to the petitioners. Thereafter, the petitioners were informed that their LL.B. Part II examination has been cancelled and they are debarred from appearing in three more examinations. According to the petitioners, there is no foundation for taking such a drastic action against the petitioners for having used unfair means. No show cause notice was given to them nor any opportunity to explain. Any enquiry held by the Unfair Means Committee behind their back is invalid and such a committee is not a legally constituted committee. The petitioners have been discriminated while imposing the penalty. Not only their examination has been cancelled but they have also been debarred for three more examinations, while one student, N.K. Jain, caught using unfair means in two papers, including personal law, has only been awarded punishment of cancellation of LL.B. Part II examination, and Ku. Ambare's examination has been cancelled and she has been debarred from two examinations. During the pendency of this petition, the petitioners applied for being permitted to appear in the supplementary examination in personal law in LL.B. Part II, commencing from 26-10-1987 and this court permitted them to do so, but their results were withheld. Subsequently, they have also made an application that they may be permitted to join LL.B. Part II classes and appear in the LL.B. Part III examination.

(3.) As per the return filed by the respondents, on 24-4-1987, there was paper on personal law in LL.B. Part II examination. The invigilator in rooms Nos. 36 to 38 in Saifia College found mass copying by the students. One of the students, Shahriyar Khan in room No. 36, was found talking to a girl student Ku. Ambare in room No. 38. On being objected, the invigilator was assaulted and he was injured. A report was lodged and offences under Ss.294, 332 and 355 IPC were registered. The Superintendent of the centre, i.e. the Principal of the College, reported the matter to the Vice Chancellor about students indulging in mass copying and misbehaving and assaulting the invigilator. As many as 36 students were found copying and incriminating materials were seized from them. The Vice Chancellor, therefore, authorised the Unfair Means Committee to make an enquiry, which was constituted by him, under the provisions of S.52 of the Vishwavidyalaya Adhiniyam Rules have been framed and guidelines given for the unfair means committee, which also provides for punishment. Copies of the answer books of the students appearing in Part II LL.B. examination in these three rooms were sent for examination and it was found that the material seized was used for mass copying and most of the candidates had attempted the same question and the language of the answer was bookish, as part or full of the answer were from the book. The report of the examination has also been appended with the return. There was sufficient material on record to show that there was mass copying and in order to maintain the sanctity of the examination, the students have been debarred for 2 to 3 years, depending upon the gravity of the charges. Therefore, there is no illegality or infirmity in the orders passed for cancellation of the petitioners' examination and debarring them from appearing in three examination.