MURTI DEVI Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) THIS is a petition under Arts. 226 and 227 of the Constitution by Kumari Murti devi for quashing the order of the Punjab University, dated 27th September, 1966, whereby she has been disqualified and debarred from appearing in any university examination for four sessions of the years 1966 to 1967.

(2.) THE petitioner appeared in the Punjab University Matriculation Examination held in March, 1966, as a regular student from the Government High School, Lehra gaga, district Sangrur. Her roll number was 221038. After her examination was over, on 14th April, 1966 a complaint regarding use of unfair means by some examinees, including the petitioner, at the Lehra Gaga centre was received by the university. Thereupon the answer books of the various examinees, including those of the petitioner, were scrutinized and the opinion of the Head Examiner in English paper, Shri Jagdish Chander, and an expert in the subject, Dr. Mrs. Nirmal mukerji, Reader, Punjab University was obtained. Both these educationists reported that the petitioner had used unfair means in re-attempting question No. 3, as her first attempt was very poor while the second one was found to be "brilliant, almost faultless". Similar was the position with regard to the petitioner's answers to Parts (b) and (c) of question No. 5. Thereupon, the Assistant Registrar, punjab University, served the notice, dated 2nd June 1966 (Annexure 'b' to the petition), informing her that a complaint of using unfair means had been received against her and requiring her to appear before him on 30th June, 1966 for an enquiry in that connection.

(3.) WHEN the petitioner appeared before the Assistant Registrar in response to this notice, she was given a questionnaire to which she was asked to reply. The petitioner gave written answers to the questionnaire. She denied the accusation and stated that she never used any unfair means while appearing in the matriculation Examination in 1966. According to the return filed by the Registrar of the Punjab University the entire relevant material and the record prejudicial to her, including the complaint and the reports of the Head Examiner and the Expert, were shown to the petitioner at that time, and she was asked to explain her position. Later, the entire material, including the reply of the petitioner to the questionnaire, was submitted to the Standing Committee dealing with the cases of use of unfair means. The Registrar and other two members of the Standing committee, on due consideration of the matter, came to the unanimous conclusion that the charge against the petitioner was established, and, "in accordance with regulation 13 (b), she was disqualified from appearing in any University examination for 2 years, including that in which she was found to have used unfair means. This decision of the University was communicated to the petitions by the letter (Annexure 'c'), dated September 27, 1966, and she was informed that she was disqualified from appearing in any University examination for four sessions during the years 1906, 1967.