KRISHAN KUMAR MALHOTRA Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) THIS petition, under Articles 226 and 227 of the Constitution, has been filed by krishan Kumar Malhotra, and challenges the legality of the order dated 7th february 1967 passed by the Punjab University disqualifying him for a period of two years under Regulation 13 (b) given at page 104 of the Punjab University calendar 1964-65 (Vol. I)

(2.) THE petitioner passed the Matriculation examination in the first division in 1959. He passed the B. Sc. examination in 1963 securing first division from the Delhi university. In August 1963, he joined the Punjab Engineering College at chandigarh where he passed the Ist year in April 1964 and second year in April 1965. In both the examinations, he obtained about 75 per cent marks and was placed amougst the first ten in the whole of the University. He was awarded government of India merit-cum-means scholarship of Rs. 90/- per mensem from the date of his joining the Engineering College. He was promoted to third year in april 1965 On 30th of November 1965, while he was appearing in the Hydraulic machines paper for the third year (Engineering) Part 1 examination, he was found in possession of a slide rules cover lying on his table at about 3-20 P. M. The paper had started at 1-30 P. M. Some formulae were written on the said cover. The Deputy Superintendent of the Centre look into possession the slide rules cover and the answer nook of the petitioner who was given a new continuing sheet to answer the remaining questions. The petitioner was then asked to make a statement and he told the superintendent that he did not know that any formulae were written on the slide rules cover and that he had not written the same for the purpose of adopting unfair means in the examination. This matter was then reported to the University by the Superintendent of the Centre On 18th of January 1966 the Assistant registrar of the Punjab University wrote a letter asking the petitioner to see him on 28th of January 1966 in connection with the unfair means enquiry case petitioning against him under Regulations 12 (c) and 13 (b ). The petitioner appeared before the Assistant Registrar on the said date when he was given a questionnaire and was asked lo give his answers thereto. The questionnaire contain-ed all the allegations and the material available against the petitioner. The petitioner gave replies to the various questions and denied the allegations made against him. It appears that the University then sent the question paper the answer book of the petitioner and the slide rules cover to Prof. J. N. Bhatnagar. Department of Chemical Engineering and Technology, for his expert opinion in the matter. He replied that the material written on the cover of the slide rules related to the paper in Hydraulic Machines, but the petitioner had however not made use of it. On 12th of February 1966, the Registrar of the Punjab University, who is also one of the members of the Standing Committee appointed by the University for dealing with the cases of alleged use of unfair means, prepared a note in which the entire history of the petitioner's case along with his opinion and reasons therefor were given. His recommendation was that the petitioner be disqualified for a period of two years i. e. November 1665 to April 1967 (four sessions) under Regulation 13 (b ). When this note was placed before Bakshi Sher Singh, another member of the standing Committee, he was of the opinion that the fact that there were some writings previously also on the slide rules cover but which were rubbed off and that the present incriminating material was definitely written for the purpose of using it in the exa-mination, had not been put to the petitioner on 28th January, 1966. He therefore, on 14-2-1966 wrote that the petitioner should be smmoned and examined on this point. Pursuant to the observations made by Bakshi Sher singh, the petitioner was again sent for on 28-2-1966 by a registered letter dated 17-2-1966. According to the University, the petitioner received that letter as was evident from the acknowledgment due receipt but he neither turned up on that date not sent any communication. Thereupon, on 11-3-1966, the Registrar reiterated his pre-vious recommendation which was agreed to by the other members of the Standing Committee, namely. Bakshi Sher Singh and Mr. G. L. Chopra. On 21-3-1966, the petitioner was disqualified for two years i. e. November 1965 to April 1967 under Regulation 13 (b ).

(3.) AGGRIEVED by this division, the petitioner filed a writ petition in this Court (C. W. No. 689 of 1966 ). The same came up for bearing before. Kaushal. J. on 18-111966. The learned Judge was of the view that proper opportunity had not been granted to the petitioner before the order dated 21st March 1966 was passed, inasmuch as it had not been conclusively proved that the letter of the Punjab university dated 17-2-1966 calling upon the petitioner to attend the office of the university on 28-2-1966 had been received by him. He, consequently accepted the writ petition, set aside the order disqualifying the petitioner and directed the university authorities "to give one more opportunity in the petitioner to place his case before them as was contemplated when the letter of 17th February, 1966 was issued to him. The petitioner was then main called by the University on 1612-1966 when another questionnaire was handed over in him in order to give him an opportunity to explain the circum-stances for rubbing off some of the writings and making new ones on the slide rules cover. The petitioner gave his replies to the questions. Thereafter, a note regarding this case was pre-pared by the assistant Registrar on 26-12-1966. In the ultimate paragraph of the said note, it was written as under :