(1.) I have heard learned Counsel for the parties at length.
(2.) The petitioner, a student of B. Tech. (I.T) in the SUS College of Engineering and Technology, Tangori (Mohali), has been debarred from attending classes and appearing in any examinations of the University for a period of two semesters. Besides this, examination/result of all the subjects (Theory as well as Practical External/s) he appeared in June/July, 2009, stands cancelled vide the decision of the Unfair Means Case (hereinafter referred to as the UMC) Committee communicated to the petitioner vide letter dated 29.09.2009 (Annexure P-9). This punishment has been imposed consequent upon the decision of the UMC Committee dated 12.09.2009 (Annexure P-8) whereby the petitioner has been held guilty under clause 10 (z) of the University Regulations contained in Chapter XVI of the University Regulations. Both these orders Annexures P-8 and P-9 are under challenge in the present writ petition.
(3.) The petitioner appeared in the final semesters examination for the subject "Expert System" of the B.Tech (I.T) course on 12.06.2009 in the SUS College Centre. Centre Superintendent of the Examination found a Mobile Phone in the possession of the petitioner which he had hidden in his turban. The answer sheet of the petitioner was taken from him by the Invigilator along with the Mobile Phone. The petitioner was asked to appear before the UMC Committee on 12.09.2009 at 9.00 a.m. The petitioner admitted having Mobile phone in his possession which was recovered from him but explained that he had not used the same to solve the question papers. At the time of recovery of the Mobile Phone from the petitioner, he had not attempted even one complete question. Statement of the petitioner was recorded. He was again called on 16.10.2009 in the SUS College of Engineering and Technology, Tangori, where he is said to have been served a photocopy of the orders passed by the UMC Committee and respondent No. 2. Penalty of cancellation of papers of all the subjects he appeared in June/July, 2009, has been imposed upon him and the petitioner has been debarred from appearing in any of the examinations of the University for a period of two semesters under Regulation 11.1 of the Punjab Technical University Calendar, 2005.