DIMPLE SOBA Vs. GURU NANAK DEV UNIVERSITY

JUDGEMENT

(1.) The petitioners have impugned the order of the Standing Committee disqualifying them from appearing in any University examination of the Guru Nanak Dev University for a period of one year under Ordinance 11,1(b) of the Ordinance contained in Guru Nanak Dev University Calendar Volume II 1986, in this writ petition.

(2.) The petitioners appeared in the paper of Cost-Accounting Bachelor of Commerce Part-I examination on 25/04/1989 at Centre No. 23 Lyallpur Khalsa College, Jalandhar. The flying squad of the University headed by Dr. Madanjit Kaur visited the said centre and found that the candidates were openly using unfair means during the course of examination. She recovered photostat papers from the examination hall and submitted her detailed report along with the recovered material to the University, who in turn got the answer sheets of all the examinees scrutinised from the subject expert. The subject expert gave report that the examinees including the petitioners had copied answers to question No. 6(b)/7(b) from the incriminating photostat material recovered from the examination hall. On the basis of this report, charge against the petitioners was framed under Ordinance 10(J) and (h) read with Ordinance 11 and Ordinance 13 of the Guru Nanak Dev University Calendar Vol. II, 1986. The petitioners were served with notices and were called upon to appear before the Standing Committee. The petitioners appeared before the Standing Committee. They were afforded adequate opportunity to present their defence. The Standing Committee ultimately took the decision which has been impugned in the Writ Petition. The principal ground of attack is that there was no material before the Standing Committee to come to the conclusion that the charge levelled against the petitioners stood proved.

(3.) The learned counsel for the petitioners vehemently urged that there was no material with the Standing Committee to record a finding that the petitioners had received help or attempted to receive help for answering the question paper in the subject of Cost-Accounting from any source in any manner.