RAM CHANDER SINGH Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed in the following circumstances: The petitioner Ram Chander Singh had been working as a teacher in the District Board Middle School (now Government School) at Ladwa, district Hissar, between 1954 and 1960. As a private candidate, the petitioner appeared in the M. A. Examination in History Part I in 1960 and was declared successful. In. May 1982 he appeared in Part, II at the examination centre D. N. College, Hissar. The fourth and the last paper of the examination was on 18th of mad 1962, The petitioner had just written a few lines on the very first page of the answer-book when the Superintendent of the examination hall, Ch. Ranjit Singh came to his seat and enquired if the handkerchief, which was in the hand of the superintendent at that time, belonged to the petitioner. This handkerchief had some slips of paper in it containing some writing that had relevancy to the questions that were likely to be set in the question paper for the day. The petitioner denied all knowledge about the handkerchief and took exceptions to the superintendent unnecessarily foisting a false and Wrong charge against the petitioner. The answer, book was taken from the petitioner and according to the allegations made in the petition, he was asked to leave, file hall and bring his headmaster Shri Shiv Charan Singh. Thereupon the petitioner left the hall, contacted his friend Shri Raj Kumar Kumra, development Officer, Life Insurance Corporation, and got a lift on his motor-cycle to Ladwa where he apprised the headmaster of what had happened; and on his request, the headmaster accompanied him and at 4. 30 p. m. met the superintendent. The headmaster assured the Superintendent that the petitioner was a man of integrity and that his suspicions were unjustified. The superintendent fell satisfied but did not permit the petitioner to finish his paper by giving him extra time. On the following day, i. e. , 19th of May, 1962, the petitioner wrote a letter to the Registrar, Punjab University. In this letter he made allegations that the Superintendent was ill-disposed towards him because of some political rivalry and in the last paragraph of his letter he stated as follows:--

(2.) THE return filed by the Registrar, Punjab University, indicates that the story of what happened in the examination hall on 18th of May, 1962, as was given by the superintendent, is slightly different According to this version.

(3.) THE main grievance of the petitioner is that at no stage was the version given by the Superintendent communicated to the petitioner to enable him to give his explanation or proof in support of his contention and that he has been disqualified without being given an opportunity to show cause against the action proposed to be taken against him.