AMRITPAL SINGH Vs. PUNJAB TECHNICAL UNIVERSITY AND ORS.

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the order dated 20.07.2013 (Annexure P1) and 16.08.2013 (Annexure P2) whereby the petitioner was held guilty of Clause 10(h)(i) of the Prevention, Punishment and Procedure concerning cases of Misconduct and use of Unfair Means in or in relation to Examination Part 1 -General. The petitioner was disqualified under Clause 11.1 from attending classes and from appearing in any of the examination of the University for a period of 2 semesters and was treated as fail in one examination and the consequences of failure were to follow and his result of April/May, 2013 was cancelled. This was on account of the fact that he had been found in possession of 18 incriminating slips while giving his examination in ME -402 Industrial Safety and Environment on 22.04.2013, while appearing in the final semester of his Bachelor of Engineering (B.Tech.) Course. Thereafter, vide order dated 16.08.2013 (Annexure P2), the examination result of the candidate stood cancelled for all the subjects for which he had appeared in April/May, 2013 and he was debarred from attending classes and appearing in any examination of the University for a period of 2 semesters and was given liberty to appear in examination in April/May, 2014. Resultantly, the present writ petition was filed.

(2.) THE plea taken in the writ petition is that the petitioner could only be debarred for the examination in which he was caught with incriminating material and not of all the papers for final Semester. The University, in its written statement, took the plea that in view of Clause 2(iii) & (vii), the disqualification from appearing in any of the examination of the University and will be treated as failure in the examination and all consequences of failure in the examination would follow and the said disqualification was to extend from the commencement of the examination which the candidate was detected to have been terminated one day before the commencement of the examination.