SHIV CHARAN SINGH GILL Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) ORDER:- On July 25, 1994, the Committee appointed by the Punjab University to examine the cases of students accused of adopting unfair means during the examinations, ordered that the petitioner "be disqualified from appearing in any University examination for a period of two years including the examination in question". This order was conveyed to the petitioner vide letter dated Nov. 9, 1994 after the lapse of 3 1/2 months approximately. He filed an appeal to the Vice-Chancellor. It was rejected vide letter dated December 20, 1994. Aggrieved by the action of the University, the petitioner has approached this Court through the present writ petition. A few facts may be noticed.

(2.) The petitioner lays claim to a good academic record. He passed the Matriculation Examination in the year 1990 with a score of 71% marks. Thereafter, he qualified the +2 examination with 59% marks. The petitioner's score in the subject of Punjabi in these two examinations was 65% and 76% respectively. In the year 1994, the petitioner appeared in B. A. Part I examination. On May 7, 1994, he appeared in the examination in subject of Punjabi 'B' (Elective). On May 11 and 18, 1994 he appeared in Punjabi papers 'A' and 'B' (General). The petitioner avers that on May 7, 1994, when he was attempting the last question, an officer asked him "to standup pointing to certain papers lying in the passage on the right side and asked the petitioner that if those papers belonged to him". The petitioner answered in the negative. In spite of this, a case alleging the use of unfair means was registered and the petitioner was called upon to give a statement. A copy of the report submitted by the supervisory staff has been produced as Annexure P-1 with the writ petition. According to it, 17 printed papers were recovered from "his hand" at 11.30 a.m.According to the statement made by the petitioner, the papers had been thrown in front of him by some one. Vide letter dated July 4, 1994, the petitioner was called upon to appear before the Assistant Registrar (UM / c) to show cause as to why action be not taken against him under Regulation 5 (which makes the possession of the papers punishable) of the Punjab University Calendar, 1988, Vol. II. The petitioner appeared on the stipulated date to answer the question are given to him. He was thereafter asked to appear on July' 25, 1994 before the committee constituted by the University for dealing with the cases of use of unfair means during the examinations. The petitioner appeared before the Committee. The decision to disqualify the petitioner for two years was conveyed to him vide letter dated Nov. 9, 1994.

(3.) The petitioner states that he is a sportsman and plays hockey. He was awarded a Sports Certificate by the Punjab Education Department indicating that the petitioner had played in the Inter-District Games which were held at Ludhiana from November 6 to November 10, 1992. He also mentions that he participated in the Science Fair held at Government Girls Senior Secondary School, Moga from Oct. 24, 1989 to Oct. 25, 1989 and was placed first. He was also awarded a certificate of 'National Service' by the Directorate of Youth Services, Punjab for his participation in the Inter School N.S.S. Camp organised by the Department. The petitioner has also pointed out that his father, Mr. Gurcharan Singh Gill is the Principal of Bhupindra Khalsa Senior Secondary School, Moga. He was given the State award in Education in the year 1983. In 1991, the petitioner's father was given the National Award by the President of India. The petitioner suggests that his father being a strict disciplinarian, a number of false complaints had been made against him on different occasions. He challenges the action of the University on the ground that "no opportunity of hearing was afforded" so as to enable him "to explain / present his case properly". He further states that according to the unofficial information received by him, he had secured 72% marks in the other papers in the subject of Punjab. According to the petitioner, the impugned orders deserve to be quashed on the ground that these are violative of the principles of natural justice.