ANKIT GARG Vs. PUNJABI UNIVERSITY, PATIALA AND OTHERS

JUDGEMENT

(1.) The order dated 27th May 2008 (Annexure P-7) is under challenge in the present petition whereby the petitioner has been debarred from appearing in any University examination for three years under UMC Ordinances 15 and 25. He was also declared failed in the examination in question. The factual averments made in the writ petition are noticed as under:-

(2.) The petitioner was a student of 5th Semester of Yadwindra College of Engineering Talwandi, District Bathinda. He appeared in the 5th Semester Examination of B. Tech. in the subject of Micro-Processor on 4th December, 2007. The Deputy Superintendent, Gurpreet Singh reported that the petitioner was in possession of a slip at the time of examination and when he was asked to hand over the slip, he swallowed the same and also misbehaved with him. Gurpreet Singh made the following report:-

(3.) On the basis of the aforesaid report, the Centre Superintendent Shri Kaur Singh Dhillon made a report on the file. He also stated that when the talk was going on, he had to move another room in emergency and when he came back, the student had already left the hall. A case of unfair means was prepared against the petitioner and sent to the University. The petitioner was served with a Memo Dated 4th February, 2008 to appear in the office of Assistant Registrar (UMC) on 15th February, 2008 at 12.00 P.M. However, the date for appearance of the petitioner was postponed to 29th of February, 2008 at 10.00 a.m. and the petitioner was communicated in this regard, vide Memo dated 10th February, 2008. The petitioner filed written reply dated 13th February, 2008 to the Memo denying the allegations and pleaded that he has been falsely implicated on the asking of one Dwarka Dass, who was working as a Workshop Incharge in the College. He also pleaded that he is a good student and had secured 65% marks in the previous semesters and never misbehaved with any person. The petitioner, however, appeared before the Unfair Means Committee on 29th February, 2008. It is alleged that when he appeared before the UMC, he was assured that he will be called again when the statements of the witnesses of the University will be examined. It is stated that statements of Centre Superintendent Kaur Singh, Dwarka Dass and Gurpreet Singh were recorded by the UMC on 27th March, 2008. But the Petitioner was never called by the Committee. The statements were recorded in his absence and he was not provided any opportunity to cross-examine. The petitioner has also alleged that some line was added in the statement of Gurpreet Singh. The petitioner was thereafter served with the impugned order dated 27th May, 2008 (Annexure P-7) referred to here-in-above. The petitioner preferred an appeal on 20th June, 2008 (Annexure P-8) under Ordinance 44 before respondent No. 2 i.e. the Vice-Chancellor of the University. When the said appeal remained pending for quite some time, the petitioner filed CWP No. 19824 of 2008 before this Court. The said writ petition was, however, disposed of, vide order dated 26th November, 2008 by a Division Bench of this Court on the statement of the counsel for the University that the appeal shall be decided before the examination for the next Semester. It is stated by the petitioner that he approached the office of respondent No. 2 and he was handed over a letter/order dated 1st December, 2008 (Annexure P-11) which indicates that meeting of the Unfair Means Committee was held on 22nd September, 2008 and the punishment awarded to the petitioner was upheld by the Vice-Chancellor. It is stated that this order has been passed on the representation of petitioner's father made on 2nd July, 2008, but no decision has been taken on the appeal preferred by the petitioner.