RASHPAL SINGH Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) This is a writ petition under Articles 226/227 of the Constitution by Rashpal Singh, an examinee for the Higher Secondary Examination (Part I) which he took in March, 1967. The respondent is the Punjab University. the petitioner's Roll No. was 150413 and his examination centre was Government Higher Secondary School, Dera Baba Nanak. On the day he took his examination, there were 98 candidates sitting in the same hall vide Annexure C. The seat of the petitioner was the last in the third row. Candidates with Roll No. 150414 and 150415 occupied first two seats in the fourth row. There were 16 seats each in the third and the fourth rows.

(2.) A complaint was published in the newspaper 'Jawahar Jyoti' of Pathankote by one Shri Piara Lal Chopra to the effect that there was rampant use of unfair means by the candidates with the active connivance of the Center Superintendent and other members of the supervisory staff in the Matriculation/Higher Secondary Examination held in the month of March, 1967; at Dera Baba Nanak Examination Centre. The University requested the Head Examiners to specially scrutinise the answer books of the candidates and to send their independent reports if they found any evidence of the candidates as to their having used unfair means. The Head Examiner in the Mathematics Paper 'A' suspected the petitioner as having used unfair means. The answer book of this candidate along with the answer books of the other candidates and the reports of the Head Examiner were referred to Shri R.D. Syal, Reader in Punjab University Mathematics Department for his opinion. His report was -

(3.) The petitioner was supplied copies of the reports of the Head Examiner and that of Shri R.D. Syal and was required to attend an enquiry at Dera Baba Nanak on 18th of August, 1967, so that he might explain his position in the light of charges levelled against him. He attended the enquiry at which he was supplied with a questionnaire to which he gave replies. He denied the charge levelled against him and pleaded not guilty. He was asked if he would like to appear before the Standing Committee but he answered in the negative. The Standing Committee which consisted of three members came to the conclusion that the petitioner was guilty of violating Regulation 13(b) of the Punjab University Calendar. The Committee observed :