YADHVINDER SINGH Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) PETITIONER Yadhvinder Singh, student of B. S. Part III, of the Punjab University Chandigarh, has invoked the writ jurisdiction of this Court under Arts. 226 and 227 of the Constitution of India, for the quashing of impugned orders dated 7th July, 1989. 12th July, 1989 and 6th September, 1989. by which he has been disqualified from appearing in any University examination for a period of two years, that is, 1989 and 1990, having been found guilty of mala fide possession of incriminating material in the examination centre while appearing in the B. Sc. Part HI Examination.

(2.) THE short grievance of the petitioner is that no doubt he was found having in his possession a piece of paper on which rough notes had been written in his hand, but he did not derive any help from that piece of paper as it was not relevant 10 the subject of examination of Physical Chemistry, in which the petitioner was appearing on the crucial date of the examination; that is, on 10th April, 1989. According to the petitioner, he had just scribbled a few addresses of his relatives/ friends and some petty accounts for his domestic purposes. As such, it was due to sheer inadvertence that he happened to carry the paper to the examination centre.

(3.) IN the reply filed by the Punjab University, Chandigarh, the case pleaded is a little different that is the piece of paper had been recovered from the socks worn by the petitioner and the contents of the paper recovered were relevant to the subject of Physical Chemistry in which the petitioner was taking the examination on that date. Thus, according to the U. M. C. Standing Committee of the University, which consists of members of great learning, it was a case of mala fide possession of incriminating material under Regulation 5 of the Punjab University Calendar, 1988 (Volume II), and the punishment imposed on the petitioner, that is disqualification from appearing in any University examination for a period of two years was in order.