RAMESH KAPUR Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) THE Bench hearing the appear under clause 10 of the Letters Patent against a judgment of a learned Single Judge dismissing a petition under Article 226 of the constitution of Ramesh Kapur (hereinafter to be called the candidate) challenging the order of the Punjab University disqualifying his from appearing in the IInd engineering Examination for two years, has referred the following question for being answered by a Full Bench.

(2.) THE candidate was answering the second paper of the second Engineering (Part I) Examination on 17th November, 1962 when Shri Dayal Singh Rattan, a supervisor got a report about him written by another Supervisor in English who, also, signed it presumably in token of attestation. This report which was made at 9. 30 a. m. was in these terms.

(3.) IT is also clear, and it has been denied by the respondent that the statements on the questionnaires submitted to Shri Dayal Singh Supervisor, Shri K. M. Marya another Supervisor, and Dr. Lele, the Superintendent were recorded in the absence of the candidate and apart format opportunity which was afforded to him on 26th December, 1962 to answer the questionnaire, he was neither informed of the existence or contents of those statements nor called upon the furnish further explanation in order to rebut any prejudicial matter contained therein.