DILBAG RAI Vs. PANJAB UNIVERSITY CHD

JUDGEMENT

(1.) The petitioner was a student of the Department of Laws, Panjab University, Chandigarh. He appeared in the 4th Semester Examination of Bachelor of Laws (LLB) held in May, 1985. During the course of examination, he was detected using unfair means. After affording him due opportunity of hearing, the Unfair Means Committee of the University respondent No. 1 held him guilty and vide letter Annexure P. 1 it was communicated to him that he had been disqualified for appearing in any University examination for a period of two years, i.e. 1985 and 1986 under Regulation 5 appearing at page 12 of the Panjab University Calandar Volume II, 1984. He has filed the present writ petition claiming that on accounting for the period of disqualification mentioned in Annexure P.1, he is entitled to join 5th Semester of LL.B. Course which has commenced from 18.8.1986, and has prayed for issuance of a writ of mandamus directing the respondents to allow him to join classes for 5th semester of the said Course.

(2.) The petition has been opposed by respondents No. 1 and 2 and written statement on their behalf has been filed by the Registrar of the University respondent No. 1. It is contended therein that the claim of the petitioner is not well founded. He is disqualified from taking any examination of the University till December, 1986. Therefore, he cannot be allowed to join 5th Semester of the LL.B. Course commencing from August, 1986.

(3.) I have heard the learned counsel for the parties. The petitioner's learned counsel contended that he had been disqualified for a period of two years and in the Regulations contained in Chapter II of the Panjab University Calander ibid according to Regulation 1.2 "year" means "the academic year". Regulation 5 ibid; inter-alia, provides that if during a University examination, a candidate is found using unfair means mentioned therein, he shall be disqualified from appearing in any University examination for two years including that in which he is found guilty, if he is a candidate for an examination held once a year, or for four examinations, including that in which he is found guilty, if he is a candidate for an examination held twice a year.