BALWINDER SINGH Vs. GURU NANAK DEV UNIVERSITY AMRITSAR

JUDGEMENT

(1.) This Writ Petition relates to quashment of order Annexure-P. 1 dated 8-12-1993 passed by Guru Nanak Dev University, Amritsar whereby petitioner was informed that he had been restrained (disqualified from appearing in any examination for a period of two and two years i. e. total period of two years under each head, concerning his misconduct in using unfair means under Ordinance 10 (a)(h) and (n) read with Ordinance 11 of the University Calendar. Both the sentences were ordered to run concurrently under Ordinance 20. Prayer was also made to quash the order of the ViceChancellor rejecting the appeal of the petitioner, which order was communicated to the petitioner vide Annexure-P. 2.

(2.) According to the petitioner, he joined three-years LL.B. Course at Guru Nanak Dev University, Regional Centre, Jalandhar and appeared in the LL.B. examination in the First Year and Session, 1993, on 27-5-1993. It was pleaded that while the petitioner was sitting for his 6th Paper concerning Law of Crimes, a false charge was levelled against him that he used unfair means during the said examination. In response to the Show Cause Notice issued by the Controller of Examination, he appeared before the Standing Committee dealing with the Unfair Means Cases. After considering all the facts of the case the Committee held that no action is to be taken against the petitioner and was directed to contact the Registrar within 15 days of the receipt of letter No.1123-UMC dated 23-7l993 (Annexure-P. 3) to get his result declared. The result of the petitioner was declared and he got admission in LL.B. Second Year of the University and deposited his fees on 18-8-1993 and further deposited fees and started attending classes. It was further pleaded that vide letter dated 28-9-l993 the Controller of Examinations sent notice to the petitioner wherein he was asked to appear before the Standing Committee of the University concerning Unfair Means Cases on 12-10-1993 to Show Cause why action should not be taken against him under Ordinances 10(a)(h) and (n) and 11 for using unfair means, i. e. on the same charges on which the petitioner had been absolved by the Standing Committee. Thereafter the petitioner received the impugned letter dated 8-12-1993 whereby he was intimated that he had been restrained / disqualified from appearing in any examination for a period of two years under each head under Ordinances 10(a)(h) and (n) and 11 concerning misconduct in using Unfair Means. He sent legal notice through his counsel to the Vice-Chancellor copy whereof is Annexure-P. 7 for cancellation/withdrawal of the decision of the disqualification.

(3.) In the written reply to the legal notice the University intimated that the action taken against the petitioner was in order. The petitioner then filed C. W. P. No. 2499 of 1994 which was permitted to be withdrawn with liberty to file appeal / representation under the Ordinance. The petitioner filed appeal before the Vice-Chancellor which was rejected. It was next pleaded that the case against the petitioner was reopened under Ordinance 20; that the decision in the instant case was taken by the Standing Committee and not by the Vice-Chancellor and the decision of the Standing Committee was without jurisdiction. It was also pleaded that in the present case that neither any incriminating papers were got signed from him, nor there was any justification for initiation of appeal by the Branch, Nor there was any necessity for the Vice-Chancellor to refer the case to the Standing Committee for reconsideration.