MUNISH BANSAL Vs. GURU JAMBHESHWAR UNIVERSITY HISSAR

JUDGEMENT

(1.) The petitioner challenges the order dated January 29, 1997, passed by the University cancelling the examinations taken by him in May/June, 1996, and further debarring him from appearing in any examination till December, 1996/January, 1997. A few facts may be noticed.

(2.) The petitioner had appeared in the Entrance Test for admission to the Engineering College conducted by the Kurukshetra University in the year 1995. The petitioner was placed at serial number 2263 in order of merit. He was admitted to the course leading to the Degree of Bachelor of Technology (Computer Engineering) at the M.M. Engineering College, Mullana. The First Semester Examination was due to be held in December, 1995 January, 1996. On account of a strike in the University, the examination was not held. The examination for the Second Semester was due to be held in June, 1996. This examination was conducted in the normal course. Thereafter the examination for the First Semester was held in July, 1996.

(3.) On July 15, 1996, the petitioner had appeared in the examination relating to the subject of 'Applied Mechanics'. It was reported that he had used unfair means, Consequently, vide letter dated August 19, 1996, the petitioner was informed that "incriminating material consisting of matter written on one side of the handkerchief relevant to the subject of examination was found in your hand" and that "you copied question No. 2 from the said incriminating material in your answer book." The petitioner was informed that he could send his written explanation to the Standing Committee on or before August 23, 1996. He was further informed that "if you want to be heard in person, you may appear before the above Committee on 24-8-1996 at 11-00 a.m. in the office of the Controller of Examination failing which the case will be disposed of and finally decided after consideration." The petitioner submitted his written explanation. The matter was considered by the competent authority. The Standing Committee found that the petitioner was guilty of "resorting to unfair means/misconduct". Consequently, it decided to cancel the "entire examination in which" he had "appeared/held in May/July 1996 and in addition debarred" him "from appearing in any University examination for a period of one year i.e. upto and including the examination of May/June, 1997." The petitioner appealed against this order to the Vice-Chancellor. Vide order dated January 29, 1997, a copy of which has been produced as Annexure P-4 with the writ petition, he was informed that after reconsideration, it had been decided "to cancel the entire examination held in May/June, 1996, in which you appeared and further to debar you from appearing in any examination till and including December, 1996/January, 1997 examination". (It appears that the examinations were actually held in June/July, 1996, and not in May/June, 1996. However, the error, if any, is wholly inconsequential.) The petitioner impugnes this order and prays that it be quashed.