LAWS(P&H)-2007-9-155

PARVEEN GOEL Vs. PUNJAB TECHNICAL UNIVERSITY AND ORS.

Decided On September 28, 2007
Parveen Goel Appellant
V/S
Punjab Technical University And Ors. Respondents

JUDGEMENT

(1.) This petition seeks quashing of order dated 31.7.2007, Annexure P.2 and order dated 18.9.2007, Annexure P.7, debarring the petitioner from appearing for three semesters and cancelling his result of March/April 2007.

(2.) Case of the petitioner is that he was student of B.Sc (IT) 6th semester. He got reappear in two subjects for which he appeared on 28.3.2007. He was apprehended by the Flying squad official in a case of use of unfair means. He was not allowed to complete the said paper in violation of procedure laid down. He was allowed to reappear in the second paper. He was required to appear before the Unfair Means Committee on 12.5.2007, where he took the stand that when he started his paper, he found a slip lying below his table. To avoid misunderstanding, he picked up the same and handed over to the Class Supervisor. In that process, he was apprehended by the Flying Squad and he was not allowed to complete his paper. He sought summoning of Class Supervisor, which was not allowed. His result was cancelled and he has been debarred for three semesters. He shall now be eligible to appear again in September/October 2008. He filed an appeal before the Vice Chancellor which was not decided. He filed a writ petition, on which a direction was issued for taking of decision by the Vice Chancellor on or before 19.9.2007. The Vice Chancellor dismissed the appeal vide order dated 18.9.2007. The said order was posted on 19.9.2007 and received by the petitioner on 21.9.2007. He could not appear in the examination scheduled to be held on 20.9.2007.

(3.) Contention raised on behalf of the petitioner is that his appeal has been decided in a mechanical way without affording any opportunity of being heard and the order was in violation of regulations in as much as he was not allowed to complete paper.