AARTI SHARMA Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) Ms. Aarti Sharma has filed the present petition under Article 226 of the Constitution of India seeking issuance of a writ in the nature of certiorari quashing the orders dated 7-5-1999 passed by Controller of Examination, Punjab University Chandigarh vide which she was debarred from appearing in any of the University Examination for a period of four years i.e. 1998, 1999, 2000 and 2001 under regulation 14 (ii) of the Punjab University Calendar, Volume II, 1995. This order came to be passed pursuant to the report Annexure R-IV submitted by Unfair Means Committee constituted by the University. A perusal of the report would demonstrate that the case against the petitioner originated on the basis of the report of the examiner who re-valuated the answer book of the petitioner. He mentioned that while re-valuating the paper of the petitioner, he found that questions Nos. III, IV and V have not been evaluated at all earlier because errors/mistakes have not been marked. A strong suspicion was expressed by the revaluer that the possibility of the answer book having been written after the first evaluation cannot be ruled out. On the basis of the report of the revaluer referred to above, the original examiner was sent the answer book. He mentioned that it was indicated by him in the column at the front cover of the answer-sheet that the answers in questions have not been attempted and he had put N/A (not attempted) before questions Nos. III, IV and V.He further stated that the matter was serious and it should be thoroughly investigated.

(2.) The petitioner was given an opportunity of hearing and called in the University office. She stated that questions Nos. III, IV and V were attempted by her during the examination held in April, 1998 and not thereafter. She categorically denied that she answered these questions after the answer book was evaluated by the original examiner and put the entire blame on the first evaluator for having not checked her answer book properly.

(3.) The Unfair Means Committee after going through both the reports of the Examiners came to a definite conclusion that the petitioner was guilty under Regulation 14 (ii) (for taking out the answer book) of the Punjab University Calendar Volume II, 1995 and disqualified her from appearing in any examination of the University including the examination in question for a period of four years. It was further observed that a thorough enquiry be conducted to identify and punish the culprits, who helped the candidate to answer the questions under reference after the examination and first evaluation.