ARPANA SHARMA Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner was appearing in the final professional examination of the M.B.B.S. held in November-December 1990 by, Guru Nanak Dev University, Amritsar at Government Medical College, Amritsar Centre. According to the respondent-University, while the petitioner was appearing in surgery paper B examination on 8.12.1990, the Centre Superintendent, Dr. Rajinder Singh Sidhu detected a handwritten paper lying on the seat in front of the petitioner at about 4.45 p.m. The examination had started at 2 p.m. and was to end at 5 p.m. The Centre Superintendent had sent to the University the following report regarding the alleged use of unfair means by the petitioner :

(2.) The mother of the petitioner Dr. Sita Sharma is working as a Professor of Pharmacology in Medical College, Amritsar. It is further the case of the University that Shri Kuljit Khurana, Assistant Registrar (Unfair Means Cases) of the University reported that on 27.12.1990 at about 9.45 a.m. Dr. Sita Sharma (mother of the petitioner) alongwith the petitioner came to him with an excuse of making a representation in connection with a case reported against the petitioner regarding the use of unfair means and requested him for some information about the written report sent by the Centre Superintendent. It has been further stated in the report by Shri Khurana that as a copy of the report is sent to the candidate by the office and there are directions for expeditious settlement of the cases, he sent for the file of the case from the office and read over to the petitioner and her mother the written report of the Centre Superintendent. It is further mentioned that while the said file was still in his hand on the table, a telephone call came and during the time he was answering the telephone call, Dr. Sita Sharma snatched the file from the table in a split second and she took out the incriminating slip which had been received alongwith the report and put it in her mouth, chewed and swallowed it and in seconds she ran out taking her daughter along. This incident had taken place at about 10.10 A.M. Mrs. Kamlesh Kumari of the unfair Means Cases Branch and Shri Brij Lal of the office of the Controller of Exams. were also reported to be present.

(3.) A show cause notice dated 8.2.1991 was issued to the petitioner charging her of the use of unfair means and violation of the provisions of Ordinance 10(a), (g), (k) and (z) read with Ordinance 11 of he Guru Nanak Dev University Calendar Vol. 11, 1986. This was for the purpose of giving an opportunity to the petitioner to appear and explain her case before the Standing Committee dealing with the unfair means cases on 15.2.1991. In view of the submissions made by counsel for the petitioner, it is not necessary to further delve into the facts regarding the proceedings before the Standing Committee. Suffice it to say that after recording of the evidence and giving opportunity to the petitioner, the Standing Committee came to an unanimous conclusion that petitioner was guilty of offences under Ordinance 10(a), (k) and (q) read with Ordnance 11. She was disqualified from appearing in any examination of the University for a period of two years each for offences under the above said ordinances. However, the punishment was ordered to un- concurrently. The order of the Standing Committee dated March 22, 1991 has, been annexed an Annexure P-7 with this writ petition. In view of the order Annexure P-7 a notification (annexure P-6) was issued by the Guru Nanak Dev University on 28.3.1991/3.4.1991 disqualifying the petitioner in terms of the order Annexure P-7. The notification Annexure P-6 and the order of the Standing Committee Annexure P-7 have been impugned by the petitioner in the present writ petition.