IQBAL SINGH Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) Petitioner challenges order Annexure P-1 passed by Unfair Means Committee constituted by the respondent Panjab University dated December 22, 1989 vide which he was held guilty of violation of Regulations 7 and 13 and was disqualified from appearing in any University examination for a period of two years under Regulation 7 and three years under Regulation 13 including the year in which he was found guilty. Punishments under both Regulations 7 and 13 respectively were to run concurrently.

(2.) The admitted facts of the case are that petitioner who wag B.A. final student appeared in first English Paper B on September 28, 1989. On the said date, members of Flying Squad visited Government College, Muktsar Examination Centre at which Centre admittedly the petitioner was to take his examination in paper English B. The members of Flying Squad found that at the aforesaid Centre, the outsiders were passing slips through the windows of the rooms of the Centre by means of long sticks. When the news of arrival of Flying Squad spread in the Centre, the incriminating material such as notes, pages of the books and guides etc. were seen flying down through windows of the rooms and outsiders were seen running away from near the rooms by the Flying Squad. The members of the Flying Squad also found that two candidates appearing in the Centre wider Roll Nos. 27268 and 27277 were sitting one after the other and sharing the common question paper between themselves. The question paper was divided into two sheets. One sheet was with Roll No. 27268 and the other was the Roll No. 27277. During the aforesaid visit of the Flying Squad, it was also found that candidate with Roll No. 27268 was sitting in room No. 3 whereas the room allotted to him was No. 7, according to the seating plan of the Centre for the examination to be held for September 28, 1989. It is pertinent to mention here that petitioner appeared under Roll No. 27268. The report of members of Flying Squad is Annexure R1. An enquiry was held with regard to sharing of one question of B.A. Part-III between two candidates at Government College, Muktsar that was held on September 28, 1989. In the aforesaid enquiry, it was found that one Rajbinder Singh, Supervisor shifted the petitioner who was appearing under Roll No. 27268 in room No. 3, although as per seating plan, he should have been in room No. 7. In the enquiry aforesaid, it was also found that aforesaid Rajbinder Singh Supervisor had taken one paper and divided it in two parts and the said divided papers were shared between Roll Nos. 27268 and 27277 who were allowed to sit closely by him. One question paper in the manner aforesaid was spared in order to smuggle it outside the Examination Centre. The enquiry report is Annexure R2.

(3.) The Unfair Means Committee in order to verify the facts whether the candidates inclusive of petitioner had used unfair means during the examination, their answer books were sent to the Subject Expert for opinion. The Subject Expert opined that in case of the two scripts bearing Code. Nos. mentioned above, the language of translation of Hindi/Punjabi into English (Question No. V) was exactly the same and this gives conclusive evidence of copying. A case under Regulations 7 and 13 was found to be made out against the two candidates including the petitioner for giving/taking help from any other source or in any manner and making previous arrangements to get/give undue help respectively. It is an admitted position that the petitioner was called for interrogation in the University Office on December 5, 1989 and obviously he had denied that he had used unfair means. The statement of petitioner was also recorded by the Standing Committee and he had reiterated the statement made by him in the University Office during interrogation. The Unfair Means Committee after considering all the facts and circumstances of the case gave the punishment to the petitioner as has been indicated above.