CHARANJIT SINGH Vs. PUNJAB TECHNICAL UNIVERSITY AND OTHERS

JUDGEMENT

(1.) The petitioner took admission in Bachelor of Technology (Civil Engineering) in the Sessions 1998-99. It is four years degree course. Examinations are held semester-wise. In May, 2002, the petitioner appeared in VIIIth Semester Examination after completion of VIIth Semester. On the declaration of result, he was declared passed. Provisional Certificate of Bachelor of Technology was also issued by the Punjab Technical University, Jalandhar. Respondent No. 4 was also a student in the same paper. He had failed in the 5th Semester paper of Structural Analysis-II of B.Tech. The petitioner appeared in place of respondent No. 4 in the 5th Semester Examination on 26.6.2002 under Roll No. 97010133 in Supplementary Exam. Subsequently, a complaint was made to the University alleging that the petitioner had impersonated respondent No. 4 and appeared in the examination on his behalf. The petitioner was issued notice by the Unfair Means Committee. After complying with rules of natural justice, Unfair Means Committee had passed an order on 27.5.2003. It was held that respondent No. 4 had been impersonated by the petitioner. Consequently, both the petitioner and respondent No. 2 have been held guilty of having contravened Rule 10(u) of "Prevention, Punishment and Procedure Concerning Cases of misconduct and Use of Unfair Means in or in Relation to Examination". The petitioner as well as respondent No. 2 have been punished under Rule 11.1(v) which is as under :-

(2.) On notice motion being issued, the respondents have filed a written statement. It is stated that the action against the petitioner has been taken for impersonation under Rule 11.1(v). Since the petitioner has been declared to be failure in the examination and all consequences of failure shall follow, the petitioner would be required to sit in the VIIIth Semester Examination before the degree can be granted.

(3.) I have heard the learned counsel for the parties at length and perused the paper-book.