LAWS(P&H)-2014-2-15

ANJALI C. RAJAN Vs. PUNJAB TECHNICAL UNIVERSITY

Decided On February 06, 2014
Anjali C. Rajan Appellant
V/S
PUNJAB TECHNICAL UNIVERSITY Respondents

JUDGEMENT

(1.) THE present writ petition has been filed seeking a direction that the respondent -University should declare the result of B.Tech 8th semester examination of the petitioners and supply their detailed mark cards and B.Tech degrees. Apart from seeking the relief of compensation from respondents no. 1 to 12 for harassment and mental torture.

(2.) THE pleaded case of the petitioners is that they were admitted in the 4 years/8 semesters course of B.Tech (Electrical and Communication Engineering) for the academic session 2009 -10 with the respondent no. 6 - college i.e. Chandigarh Engineering College, Landran, District Mohali in Punjab. The said college is affiliated to respondent no. 1 - Punjab Technical University. In the 8th semester, the petitioners were required to undergo industrial training for six months and the petitioners were recommended by their college for industrial training to the Terminal Ballastics Research Laboratory, Chandigarh (TBRL), Ministry of Defence, Government of India. The petitioners were placed in the Bunker Blasting Group by the Head of the Research Department (HRD) of the TBRL and were required to report for training at the TBRL Range, Ramgarh. The said training was to last for six months from January 2013 to June 2013, which would be apparent from e -mail dated 03.01.2013 (Annexure P -9) whereas they were required to report initially on 21.12.2012 as per e -mail dated 17.12.2012 (Annexure P -10). The training was with a group of Scientists namely Mr. R.S. Bisht (Scientist F), Sh. M.K. Sharma (Scientist E) and the group head Dr. A.K. Sharma (Scientist F) -respondent no. 8. The petitioners were allotted the project "Spectroscopic Analysis of Shock Synthesized materials, using Specialized Electronic Equipments."

(3.) IN the written statement filed by the respondent -university and on behalf of respondents no. 1 to 5 and 9 to 12, the plea taken was that the result was withheld because of the complaint made against the students by respondent no. 8 that the students had not returned the vital data and study material and samples which was handed over to them for spectroscopic analysis at Physics Department, Shimla. It has been alleged by Dr. A.K. Sharma that the students had fraudulently stolen their scientific work and reported the same for award of B.Tech. degree without his concurrence and approval. The committee had been constituted to call for the record of the students and the information had been asked for on the complaint of respondent no. 8 dated 07.06.2013 (Annexure R -1). The Director of TBRL had been informed regarding the same vide communication dated 27.06.2013 (Annexure R -3) asking for response to the case and the petitioner had also been asked to come present on 15.07.2013. In the meeting held on 15.07.2013, the petitioners had been asked to give their statements in writing to the Committee for record but they refused to do same. Then they were given a questionnaire but without submitting any reply and without giving any intimation, both the petitioners left the university and both the parties were called again on 29.07.2013. The minutes of the meeting dated 15.07.2013 were attached (Annexure R -7). No meeting was held on 29.07.2013 but it was held on 01.08.2013 in which respondent no. 8 was also present and petitioners with their parents were also there. The petitioners and their parents refused to answer the written question proforma which was provided to them by the inquiry committee and the inquiry committee had recommended that a technical committee should be constituted having members from the field of Physics Material Science to evaluate the claim of Dr. A.K. Sharma on the said research work and the data published in the papers submitted by the trainees and the result was to be declared after the decision of the Technical Committee. The report dated 01.08.2013 was attached as Annexures R -9 and R -10. A technical committee was constituted of Dr. Ravi Kumar, Principal, Beant College of Engineering and Technology, Gurdaspur, Dr. A.K. Tyagi, Shaheed Bhagat Singh College of Engineering, Ferozepur, Dr. Hitesh Kumar, Assistant Professor, PTU, Er. Navdeepak Sandhu, Placement Officer, PTU as convener. The said committee had scanned the work and found that there was ample evidence that the report of the students was resembling the interim reports signed by Dr. A.K. Sharma and the students should be asked to take a certificate from Dr. A.K. Sharma for work reported in their final report and TBRL Authorities be requested to discourage last minutes change of supervision to avoid these type of cases. The recommendation of the Committee dated 13.09.2013 was attached as Annexure R -12. Accordingly, the result stood withheld because the petitioners had used the research material of Dr. A.K. Sharma and false and frivolous allegations were levelled against the university.