NIMISH BINANI Vs. CALCUTTA UNIVERSITY

JUDGEMENT

(1.) This writ petition has been moved challenging the decision of the Board of Discipline of Calcutta University dated 22nd September, 2003 cancelling the Part-V Examination of the 5 year LL.B. Course on the allegation of breach of discipline. The fact as has been made out is as follows:

(2.) The petitioner took admission at the South Calcutta Law College for 5 year Bachelor of Law Course under the University of Calcutta in the year 1998. He appeared at the Part I Examination in the year 1999 and passed the same. In Part-II Examination held in July 2000 the petitioner passed the examination securing 337 marks and in Part-Ill and Part-IV Examinations the petitioner also became successful.

(3.) " Now. on May, 2003 the petitioner appeared in Part-V LL.B. Examination. Part-V Examination started on May 29th, 2003 and it concluded on June 11, 2003. On June 13th 2003 police from Ballygunge Police Station caused a search in the residence of the petitioner on the allegation that the answer script of Human Rights and International Law examination held on June 3rd, 2003 was not submitted to the Invigilator and the same was carried away by the petitioner but the police did not find owl any such answer script. Subsequently, notice along with charge- sheet was issued by the Secretary, Board of Discipline directing the petitioner to appear before the Sub-Committee. The petitioner appeared before the Sub-Committee and disclosed that he has handed over the answer script in question to the Invigilator.