SUNIL KANT Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) THE petitioner appeared in Pre-Medical Examination held in April/ May, 1975 from Government College, Hissar, as a regular student. The petitioner's paper in Zoology was held on 23rd of April, 1975 at Hissar Government College. At about 9. 25 a. m. when the petitioner was doing his paper, Superintendent of the Examination called him and told him that some printed papers had been recovered by the members of the Flying Squad. The statement of the petitioner was recorded by the Superintendent which is as follows:-

(2.) THE Superintendent, under the verbal directions of the Flying Squad, reported the matter to the Registrar in writing and a show cause notice (Annexure P/l) was issued to the petitioner on 14th May, 1975, which is as follows:-" Subject: Use of unfair means at Pre-Med. Exam. , subject Biology (Zoology ). Paper B held on 23-4-75. Memorandum: It has been reported that while you were appearing in your examination cited above as subject under Roll No. 8754, you were caught with printed material which you had kept with you in spite of warnings to all the examinees to submit any handwritten/printed material which was with them. Thereby you are guilty of adoption of unfair means under the Rules, Please explain as to why the examination taken by you should not be cancelled. You can send your explanation to reach the undersigned latest by the 31st May, 1975. If you want to be heard in person, you may appear before the Unfair Means Committee at 9 a. m. on 3-6-75 in the Committee Room, Administrative Block, Kurukshetra University, Kurukshetra. "

(3.) DISSATISFIED with the Notification, the petitioner filed a writ petition in the High Court on 27th August, 1975 in which notice of motion was issued for 18th of September, 1975. Respondent No. 3, Vice-Chancellor, after going through the writ petition, ordered reinvestigation of the case under para. 9 of the Ordinance 28, and remanded the case of the petitioner to the Unfair Means Committee vide order, dated 9th Roll No. Enrolment No. Name of the Name of the Period of candidatecollegedisqualification 8754 74-CH-463 Sunil Kant Govt. College, Disqualified fro Hissar. passing the Exam held in April/ma 1975. 10337 Kurukshetra. 74-CH-432 July Sudhir Sharma -do--do2, 1975. " Kurukabatra, July 2. 1975. " September, 1975 (Annexure P/4) which is reproduced below: