RAJ KUMAR Vs. THE VICE-CHANCELLOR AND ANR.

JUDGEMENT

(1.) RAJ Kumar Sharma has filed this petition under Articles 226 and 227 of the Constitution of India for the issuance of a writ of certiorari quashing the order of the Registrar, Punjabi University, Patiala, Respondent No. 2, dated 3rd September, 1968, and that of the Committee disqualifying the Petitioner under Ordinances 3(c) and 4(b), Chapter III (Use of Unfair Means) Part II (General Ordinances and Rules) of the Punjabi University Calendar, Volume I.

(2.) BRIEFLY the facts as alleged in the petition are that the Petitioner took T.D.C. Part III Examination of the Punjabi University, held in April, 1968. On May 6, 1968, the Petitioner appeared in the Hindi Paper at about 10.20 a.m. when he was about to leave the examination hall, the Supervisor approached the Petitioner and found that a printed paper was lying at some distance on the same bench on which the Petitioner was sitting. On the asking of the Supervisor, the Petitioner picked up the paper and handed over the same to the Supervisor. A report was made to the Superintendent of the Examination Centre to the effect that the Petitioner was found copying from a printed matter. Copy of the report is Annexure 'B' to the petition. Thereafter the Petitioner was summoned in the office of the Registrar, Punjabi University and a questionnaire was handed over to him for the purposes of answering the questions contained therein. The Petitioner's statement was also recorded before the members of the Committee. After considering the entire matter, the Committee found the Petitioner guilty of using unfair means and disqualified him from the University to take further examination under Ordinances 3(c) and 4(b) for two years, copy of which is Annexure 'F' with the petition. On the basis of the order of the Committee, the letter dated 3rd of September, 1968, was served by the Registrar on the Petitioner disqualifying him for two years. Feeling aggrieved from the order of the disqualification, the Petitioner filed an appeal' before the Vice -Chancellor, Punjabi University, but the same was rejected. By this petition the legality of the decision of the Committee (copy Annexure 'F' to the petition), and the order of disqualification (copy Annexure 'G' to the petition) have been challenged being illegal and against law on various round's stated in the petition.

(3.) ON 21st July, 1969, the Petitioner filed an application (Civil Miscellaneous No. 3118 of 1969) under Section 151 of the Code of Civil Procedure praying that he be permitted to take additional grounds in the writ petition. Notice of this application was issued to the counsel for the Respondents for 23rd of July, 1969, on which date the learned Counsel for the parties agreed that the application be decided at the time of hearing of the main writ petition. On the date of final hearing, this application was not opposed by the learned Counsel for the Respondents and it was conceded by him that the Petitioner be allowed to urge the grounds taken in Civil Miscellaneous No. 3118 of 1969. It was also stated by the learned Counsel that the Respondents were not filing any reply to the application as they admitted the correctness of the facts stated in Civil Miscellaneous No. 3118 of 1969.