VIJAY SINGH LAMBA Vs. PANJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petitions Nos. 5948, 6115, 6736, 6779 and 6780 of 1974, as the spinal issue that arises for decision in these petitions is common to all. In all these petitions, the respondents are the Panjab University, Chandigarh, and its Vice-Chancellor excepting Civil Writ Petition No. 6736 of 1974 where the second respondent is the Principal, Medical College, Patiala.

(2.) In Civil writ petition No. 6115 of 1974 the petitioner, Kashmir Singh Sandhu, appeared for the B. Ed. examination held by the Punjab University in April, 1974, and when the result of the examination was declared, the petitioner's result was withheld and by letter dated the 19th July, 1974. he was informed that an inquiry for the violation of Regulation 7 of the Punjab University Calendar 1973, Volume II, would be held as there were allegations of the petitioner having copied from a common or identical source in the subject of Educational Psychology including Elementary Statistics. As an annexure to this letter was enclosed a copy of the report of the Head Examiner wherein it was mentioned that in solving question No. 10 the petitioner had copied the answer from some other paper. In response to the notice, Annexure P-l, the petitioner appeared before the Deputy Registrar on the 5th August, 1974, and there he was asked to reply to a questionnaire which he accordingly did, denying the allegation that his answers tallied with those of the other candidates who had also been called to answer the charge. It appears that the explanation offered by the petitioner did not satisfy the authorities and he was required to appear before the Standing Committee which he did on the 19th August, 1974, when his statement was recorded. At this meeting only two members of the Standing Committee were present, namely, Shri Jagjit Singh and Shri Chopra. On the basis of the inquiry held by the Standing Committee, the petitioner was disqualified for two years under Regulation 7 of the Pan-jab University Calendar 1973, Vol. II (Annexure P-5). It is this order of the Pan-jab University that has been challenged in this writ petition as being without jurisdiction.

(3.) Miss Anjana Bagga in Civil Writ Petition No. 6736 of 1974 had appeared in the Pre-Medical Examination held in April, 1974, at the examination centre located at Guru Gobind Singh College for Women, Chandigarh, and though initially she was declared successful, she received a letter in September, 1974, from the Registrar, Panjab University, containing the allegation that she had violated regulations 14 (iii) and 19 of the Panjab University Calendar. She was required to show cause why action be not taken against her and why the declaration of her result be not quashed. In obedience to this letter, the petitioner appeared before the Registrar and answered a questionnaire which was given to her. She subsequently appeared before the Standing Committee, dealing with the cases of the use of unfair means, on the 23rd September, 1974. The inquiry against the petitioner was conducted on various dates, and ultimately on the 12th October, 1974, the statement of the petitioner was recorded by the Standing Committee. On this date the statements of some other witnesses were also recorded and finally the Standing Committee by its order of even date decided to disqualify the petitioner for a period of four years under Regulation 14 (iii) and for a period of three years under Regulation 19 of the Panjab University Calendar 1973. On the date this order was passed only two members of the Standing Committee were present, namely, Shri Narinder Singh and Shri Jagjit Singh. On the basis of the order passed by the Standing Committee, the petitioner's result was quashed and her name was struck off the rolls of the college, which led to the filing of the present petition.