DULUMONI KALITA Vs. VICE CHANCELLOR ASSAM UNIVERSITY

JUDGEMENT

(1.) In the present proceeding the petitioner, a student of three years degree course of Gurucharan College, Silchar, (hereinafter referred to as "the College") has taken up the cudgel against the Assam University (hereinafter referred to as "the University") and its authorities for withholding her results in Three Years Degree Course (Part-III) examinations for the years, 2001 and 2002 (for short "TDC (Final) Part-III Examination") and ultimately cancelling her said examination and further debarring her from appearing in any University examination in the next three years, 2003, 2004 and 2005.

(2.) I have heard Mr A.M. Mazumdar, learned senior counsel assisted by Ms N. Saikia, learned counsel for the petitioner and Mr N.M. Lahiri, learned senior counsel assisted by Mr N. Choudhury, learned counsel for the respondent University.

(3.) The fascicule of facts necessary to comprehend the issues to be adjudicated has to be presented at the outset. The petitioner in the year 1998 got admitted in the three years Degree Course (BA) with Major in Sanskrit in the college. She Appeared in the BA Part-I and Part-11 examinations in the said college in the year 1999, 2000 and passed the same securing an average 62.4% of marks in Sanskrit (Major). In the year 2001, she appeared in BA Part-III examination. On the second day of her examination in the Honours subject, the petitioner, like many other students while sitting in the examination hall, was practising writing of some words on a white sheet of paper which she had carried to envelope her admit card. In the course of the examination, the Invigilator, noticing the said paper lying on the table of the petitioner, took it therefrom but she was, however, proved with a new ansv/er script and she completed her examination. The rcsults of TDC (Final) Part-Ill Examination of the University were declared in the last week of June, 2001 but the petitioner found that her result was withheld with an endorsement R/A (Report Against). On enquiry being made, the authorities of the University informed her that the Examination Discipline Committee was examining the matter, as there was a charge against her for resorting to unfair means in the examination hall. The petitioner submitted a representation before the Registrar and the Controller of Examinations narrating the entire facts and pleaded that she was innocent. She followed up the matter by filing representations before the Vice-Chancellor of the University on 4.7.2001 through the Principal of the College requesting him a reconsideration of her case and even offered to appear before the Examination Discipline Committee. Thereafter on 10.10.2001, the petitioner came to learn that the Examination Discipline Committee had imposed a ban on her for two years, i.e., 2002-2003 on the charge of committing malpractice in the examination hall during her BA (Final) Part-III examination in the year 2001 .The petitioner preferred an appeal on 19.10.2001 before the Vice-Chancellor of the University challenging the decision of the Examination Discipline Committee. Pursuant to the said appeal, a meeting of the Examination Discipline Committee was held on 22.12.2001 in which the petitioner was also called to attend. According to the petitioner, in course of deliberations in the said meeting nothing incriminating was detected against her. At that stage, the petitioner was informed through the Principal of her College that she was permitted to appear in the TDC (Final) Part-Ill Examination for the year 2002. The authorities of the University, however, did not release the mark sheet of her final examination of 2001. The petitioner thereafter appeared in the TDC (Final) Part-Ill Examination for the year 2002 which commenced from 5.3.2002 According to her, she did well in that examination and expected a good result. The results of the examination were declared on 11.7.2002 but again the result of the petitioner was withheld with the same endorsement "Reported Against". On a representation filed by the father of the petitioner, the officiating Controller of Examinations of Assam University by letter dated 20.7.2002 (Annexure-6 to the writ petition) informed the Principal of the College that the results of the petitioner were shown as "Reported Against" on the report of the Head Examiner and the matter would be put up before the Examination Discipline Committee, a meeting whereof had been convened for a final decision. As representations before the Principal of the College and the Vice-Chancellor of the University failed to evoke any response, the petitioner approached this Court for an appropriate writ to direct the authorities of the University to produce her answer scripts of the examinations of 2001 and 2002 and also to declare her results in the said examinations. This Court on 13.8.2002 issued notice of motion, inter alia, directing the respondent No. 2, the Controller of Examinations of Assam University, Silchar, to place before this Court the reasons for withholding the results of the writ petitioner along with materials on the basis of which such action had been taken. The authorities were further directed to produce the proceedings of the Examination Discipline Committee including its decision, if any, on the charge/ allegation brought against the writ petitioner. What transpires from the order sheet is that the respondent University delayed its appearance in the proceeding and this Court by order dated 11.9.2002 directed production of all the answer scripts of the petitioner in respect of TDC (Final) Part-III Examination along with the report submitted by the Head Examiner as well as action taken by the Examination Discipline Committee of the University. The University entered appearance in the case on 1.10.2002. The answer scripts, in terms of the orders of this Court were produced. In the meantime, an additional affidavit was filed on behalf of the petitioner, inter alia, expressing her apprehension that she would not get justice from the respondent authorities in the matter and prayed that the same be referred to a commission comprised of experts or to the Gauhati University for submission of a report on the charges levelled against her. This Court, however, after hearing both the parties by order dated 11.10.2002 declined the prayer and directed the petitioner to appear before the Examination Discipline Committee allowing it to examine the allegations after giving the petitioner an opportunity of personal hearing. By the said order, the University was also permitted to pass such order or orders as may be considered appropriate following the said exercise. It was thereafter that the Examination Discipline Committee in its meeting held on 12.11.2002 recommended that the entire examination of the petitioner for TDC (Final), Part-Ill Examination be cancelled and she be debarred from appearing in any University examination for next three years, i.e., 2003, 2004 and 2005 and, consequently a notification dated 14.11.2002 to the above effect was issued following the approval of the ViceChancellor.