NORTH EASTERN HILLS UNIVERSITY Vs. YOOWANKA LYNHGDOH

JUDGEMENT

(1.) The respondent Yoowanka Lyngdoh, appeared in B.Sc. Part II Examination held on 12-2-2002. Notification dated 8-5-2002 and corrigendum dated 10-6-2002 were issued whereby the petitioners entire examination of 2002 was cancelled under Ordinance 6 Clause 4(n) of the North Eastern Hill University Ordinances (hereinafter referred to as OD-6) and she was also barred from appearing in any Examination of 2003.

(2.) The respondent challenged the action taken by the University by filing a writ petition (WP(C) No. 216(SH)/2002) and prayed for relief to appear in the examination to be conducted by the University in the year 2003. The respondents examination was cancelled as she was found indulging unfair means during her examination.

(3.) The learned Single Judge accepted the contentions raised by the counsel for the respondent/writ petitioner and held that the notification imposing punishment has not been issued by the appropriate authority. The learned single Judge held that the imposition of punishment on the petitioner is an action taken under OD-6(5)(b) and thus it is the Executive Council which is authorised under the Ordinance to take action against the candidates, whereas the action has been taken on the basis of the recommendation made by the Examination Discipline Committee treating the act of the petitioner/respondent to be felling under ClauseOD-6 (4)(n).