VIJAY KUMAR Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) THE petitioner, a student of Law, is aggrieved by the order passed by the Punjab University disqualifying him from appearing in any examination for a period of two years. The facts lie within narrow compass and may be briefly noticed.

(2.) THE petitioner avers that after having passed the Matriculation, Pre-University and Degree examinations in the first division, he did Post-Graduation in Economics. Thereafter, he joined the LL. B. Degree Course at the Law Department, Punjab University, Chandigarh. On May 1, 1990, the petitioner appeared in Paper II (Law of Property ). During the course of examination "a piece of paper was found from the pocket of the petitioner. . . . . ". He states that it was only a guess papers. As he had got late by 10 minutes in reaching the examination centre, he could not take it out before entering the examination hall. The matter was reported to the Disciplinary Committee. After the grant of hearing to the petitioner, it held that "the candidate had been in mala fide possession of the incriminating material. " It thus found him guilty under Regulation 5 of the Punjab University Calendar (Volume II), 1988. The petitioner filed an appeal before the Vice-chancellor. It was rejected on November 5, 1993. Hence this petition.

(3.) IN response to the notice of motion, the respondent-University has filed a written statement. It has been inter alia averred that the petitioner has not disclosed full fads and that on the basis of the material on record the possession of the incriminating material was mala fide and that the impugned orders are thus absolutely legal and valid.