KARAMJIT KAUR Vs. THE PUNJAB UNIVERSITY

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India filed by Karamjit Kaur for quashing the order of the Punjab University whereby the Petitioner was disqualified for 1963 and 1964 for the Matriculation Examination. Prayer, has further been made to direct the University to treat the Petitioner as having duly passed the Matriculation Examination held in March 1963.

(2.) ACCORDING to the allegations of the Petitioner, she was a student of Government High School, Bajakhana (Bhatinda) in 1963 and appeared in the Matriculation Examination of the Punjab University held in March 1963. The examination centre of the Petitioner was in Government High School, jaitu. It is stated that the Petitioner fared well in the examination, but when the result was declared it was mentioned that the Petitioner's result would be declared later on. On 8th July 1963 a notice was received by the Petitioner from the Deputy Registrar, Examinations, with the subject 'Confidential enquiry into the unfair means -employed at Jaitu in the Matriculation Examination, March 1963". The Petitioner was advised to appear on 15th July 1963 before a senior officer of the Punjab University who had been deputed to hold confidential enquiry into the alleged complaint of unfair means employed at the above Centre. The Petitioner at the time of the enquiry was asked to narrate some questions, as well as a story of English Paper 'A'. The Petitioner replied that without sufficient time in advance it was not possible for her to write that story. Similar answers were made by the other, students, who had also been called, because of the lapse of four -months since the examination. The University subsequently sent a notification whereby the Petitioner was disqualified for the years 1963 and 1964. The case of the Petitioner is that the action of the University in disqualifying the Petitioner is ultra vires, without jurisdiction and capricious as well as violative of the principles of natural justice, because adequate opportunity. was not given to her of explaining the allegations and malting a defence.

(3.) REGULATION 12(b), which has been framed under Section 31 of the, Punjab University Act of 3947 and under which action has been taken against the Petitioner, reads as under: