MUNISH KHANNA Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) THE petitioner, a student at the Government College of Arts, Sector 10, Chandigarh, is aggrieved by the order dated September 6, 1993 passed by the Punjab University by which "he has been debarred from passing in the subject of History and Appreciation of Art (Theory) under Regulation 4 of the Punjab University Calender Vol-II 1988 as a disciplinary measure". The petitioner had appeared in the final year examination leading to the Degree of. Bachelor of Fine Arts held in April/may 1993. On May 22, 1993, he appeared in the paper of 'history and Appreciation of Art'. The examination commenced at 9. A. M. At about 9. 45 A. M. , the Flying Squad conducted a personal search of some of the students. A small chit was recovered from the petitioner. On being asked, the petitioner stated that the possession was inadvertent, He appeared before the appropriate authority of the University. Finally by order dated August 12, 1993, the committee constituted by the University to consider and decide cases of students who were alleged to have indulged in use of unfair means, examined the petitioner's case. After hearing the petitioner and examining the record, the committee recorded its conclusion in the following words :

(2.) THIS order has been quoted from the original file produced by Mr. R. D. Bawa, learned counsel for the respondents.

(3.) MS. Madhu Khanna, learned counsel for the petitioner has contended that the action of the respondents is not in conformity with the provisions of Regulation 4. It is apt to notice the provision. It provides as under: