CHARANJIT SINGH Vs. S K SALWAN

JUDGEMENT

(1.) The petitioner, a student of B.Tech (Civil Engineering), was subjected to disciplinary action by the University on being found guilty of using unfair means in the examination. He alongwith one more student was punished vide order dated 30.6.2003 (Annexure P-3) whereby the petitioner was disqualified for five years means five semesters and as a resulted effect, he was declared to have failed in the examination held in May, 2002. Aggrieved, the petitioner filed C.W.P. No. 608 of 2004 which was partly allowed by this Court on 10.5.2006. While upholding the above quoted order of punishment, a direction was issued to issue degree to the petitioner "without having to appear in the 8th Semester Examination." Alleging non-compliance of the aforementioned order, this contempt petition has been filed.

(2.) In response to the show cause notice, Mr. Anupam Gupta, learned Counsel for the respondents has produced a photostat copy of forwarding letter dated 11.8.2006 addressed to the Principal of the College, vide which the petitioner has been asked to collect the original degree certificate from the University on any working day. A photostat copy of the degree has also been appended along with the above-stated letter.

(3.) Mr. P.K. Gupta, learned Counsel for the petitioner, however, vehemently contends that in the aforesaid degree, the petitioner has been shown to have passed the prescribed examination in December, 2004 whereas he had passed the same in May, 2002 and a mark-sheet in respect thereof was issued to him in July 2002. It is, thus, contended that the University was required to issue the degree with a clear stipulation that the petitioner had passed the prescribed examination in May, 2002.