BULBUL DAS Vs. NORTH EASTERN HILL UNIVERSITY

JUDGEMENT

(1.) HEARD Mr. K.N. Choudhury, learned Senior Counsel appearing for the petitioners. Also heard Mr. J. Roy, learned counsel appearing for the respondent University.

(2.) THE petitioners who were pursuing their Bachelor of Computer Application (Hons.) Course (hereinafter referred to as the BCA) under the North Eastern Hill University, Shillong (NEHU), are aggrieved by the decision taken by the University Authorities to cancel the examination taken by them in the year 2008 and to debar the examinees from appearing in any NEHU University Examinations for a period of 1 (one) year. It may be noted that the 5 petitioners in WP(C) No. 525/2010 had appeared in the 2nd Year and the 3 petitioners in WP(C) No. 524/2010 had appeared in the 3rd Year of the BCA Examination held in March 2008 at the examination centre at Shillong Engineering & Management College, Jorabat (respondent No.5), wherefrom the petitioners were pursuing their BCA course.

(3.) IN pursuant to the direction in those cases, the University through communication dated 11.12.2009 informed that they resorted to unfair means in the paper "Computer System Architecture" for the examinees in WP(C) No. 525/2010 and "INternet and Web Technology" for the examinees in WP(C) No. 524/2010, where the concerned examiner(s) had observed that the answer scripts of the examinees were copied word to word from the text book. IN their representation(s), the petitioners took the stand that it was impossible to copy answers from text book when examinations are being conducted in presence of authorized invigilators and since no untoward incidents were reported from the examination centre by anyone, the presumption of adoption of unfair means drawn against the examinees was erroneous and such presumption could not have been made the basis for taking penal action against the students.