KURUKSHETRA UNIVERSITY AND ANR. Vs. SHAILENDER DHAWAN

JUDGEMENT

(1.) THIS letters patent appeal has been filed by Kurukshetra University against the order of learned single Judge whereby the order disqualifying the Respondent Petitioner by the University has been quashed.

(2.) RESPONDENT -Petitioner was admitted in the Regional Engineering College, Kurukshetra, for the course of B. Sc. (Mechanical) in the year 1988. While appearing in second semester in Math Paper -II on 13th May, 1989, Respondent -Petitioner was involved in unfair means case. He was called by the Unfair Means Committee of the University for appearing before it in order to explain the position. The allegations against the Respondent -Petitioner was that some incriminating material was found written on the question paper which was supplied to him in the examination hall. He was found guilty of using unfair means by the Unfair Means Committee and, -vide impugned order dated 14th December, 1989, he was disqualified from passing the aforesaid examination and appearing in the said examination till May/June, 1990. Petitioner successfully impugned the order by which he was disqualified and the learned single Judge quashed the impugned order being arbitrary and based on no evidence and directed the University to declare the result of second semester examination of the Respondent -Petitioner.

(3.) ACCORDINGLY , we concur with the findings of the learned Single Judge and uphold the judgment passed by him. Consequently, this appeal fails and is dismissed with no order as to costs.