MANJEET SINGH DOLE Vs. GURU NANAK DEV UNIVERSITY

JUDGEMENT

(1.) THIS judgment will dispose of Civil Writ Petition Nos. 13506, 14658, 15296 of 1989, 3063 and 9963 of 1990 since common question of law arises for determination in all these cases.

(2.) REFERENCE to relevant facts has been made from Civil Writ Petition No. 9963 of 1990. The Petitioner appeared in Physics -A paper of T.D.C. Part III examination held on April 24, 1989 in Lyallpur Khalsa College, Jullundur Centre No. 24. The Flying squad visited the centre and reported that during the course of examination the candidates openly used unfair means. Respondent No. 1 sent the answer sheet to the subject expert who opined that the scrutiny of the answer book revealed that the candidate during the course of examination copied from the answer sheet of another candidate/from a common source. The controller of the examinations in - formed the Petitioner to appear before the Standing Committee. The Standing Committee on the basis of the report of the subject expert held that the Petitioners were guilty of misconduct falling within the purview of Ordinance 10(j)(h) and Ordinance 13 read with Ordinance 11 of the Ordinances contained in Guru Nanak Dev University Calendar, Volume II, 1986 and disqualified the Petitioner from appearing in any university examinations for a period of one year. It did not impose the minimum punishment prescribed under Ordinance 11 but disqualified the Petitioner from appearing in any university examination of Respondent No. 1 under each count for a period of one year and the disqualification was to run concurrently. The Standing Committee alter examining the answer sheets of the examinees found that the answers to certain questions tallied with the answer sheets of other candidates and on that basis jumped to the conclusion that the charge against the examinees under Ordinance 10(h)(j) read with Ordinance 11 of the Guru Nanak Dev University Calendar, Volume II, 1986 stood proved. The Committee did not opine that any material was recovered from the possession of the examinees or that the examinees received help from some source while answering the question paper. Ordinance 10(h)(j) reads thus:

(3.) THE writ petitions are accordingly allowed but with no order as to costs.