SARWAN SINGH Vs. THE PUNJAB UNIVERSITY, CHANDIGARH

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution filed by Sarwan Singh Bains challenging the legality of the notification dated 28th September, 1963 issued by the Punjab University disqualifying him for two years that is 1963 and 1964, for using unfair means.

(2.) ACCORDING to the allegations of the petitioner, he passed his B.Sc. (Part I) Examination from Khalsa College, Amritsar, in first Division, standing second in order of merit in the Punjab University. He passed his B.Sc (Part II) Examination in fist Division securing 531 marks, out of 800, and was second in the College and fourth in the University in order of merit. He passed his Middle Class Examination in first Division and stood first in order of merit in the School. He passed his Matriculation Examination also in the first Division and secured 602 marks out of 850 and stood first in order of merit in the school. He appeared in the house -test of B.Sc. (Agriculture) Part I held in March and December 1962 and stood first in English, second in Botany, Dairying, Chemistry and in aggregate, in order of merit in his College and was awarded a certificate of Merit to this effect in March, 1963 at the time of the annual prize distribution function of his College. He appeared in the B.Sc. Examination Part I held in April 1963 from the Khalsa College. Amritsar Centre, taking up English, Botany, Dairying and Chemistry as his subjects. There were about 100 students in all, who had appeared in this Examination and the result was published on or about 6th July 1963, but it was indicated that the result of the petitioner would be declared later on. During the examination, no complaint was ever made against the petitioner and be was not suspected of using any unfair means. In the first week of August 1963, however, a letter was received from the Deputy Registrar (Examinations) asking him to appear before the said officer on 8th August 1963 in his own interest and at his own expense in connection with a confidential enquiry, failing which ex parte action would be taken against him. In response to this letter, the petitioner appeared before the said officer on the prescribed date and there he was handed over a questionnaire to which he gave the necessary replies On 28th September 1963 the impugned notification was issued, which led to the filing of the present writ petition on 30th November 1963.

(3.) A Division Bench decision of this Court in Karamjit Kaur v. The Punjab University 1, consisting of Mehar Singh and Khanna JJ., after discussing the various authorities, laid down the following principles for determining cases of this kind: