GANESH DATT Vs. VICE-CHANCELLOR

JUDGEMENT

(1.) Petitioner, Ganesh Dutt Dubey was a student of M. Sc. in Dr. Y. S. Parmar University of Horticulture and Forestry. In terms of the Academic Regulations framed by the University in exercise of powers under section 15 of the Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Act, 1986, be was to appear at a comprehensive examination provided for by Regulation 91 of the Academic Regulations. The petitioner did so. He was found using unfair means in the examination at which he was appearing on October 28, 1989. His Answer sheet was taken away. He was given another set of Answer sheets. The petitioner attempted use of unfair means again. He was caught.

(2.) By a decision taken by the Academic Council in its meeting held on December 7, 1989, the petitioner was awarded punishment in accordance with the provisions contained in Academic Regulation 69(c). A notification dated January 8, 1990 was issued under the signatures of the Registrar of the University saying that the petitioner shall stand dropped from the rolls of the University. It is thereafter that the petitioner came to this court through the present writ petition seeking relief.

(3.) On being asked to do so, the respondent -University has filed a reply in the petition. It has also filed a supplementary affidavit of its Registrar under the directions of this court placing on record the text of Item No. 6 which was placed before the Academic Council in its meeting on December 7, 1989 as well as copies of the resolution of the Academic Council of that date. Appended to this affidavit as Annexure R -3 is a copy of item No. 13 of the agenda of the meeting of the Academic Council held on April 6, B90 proposing the amendment of Academic Regulation No. 9i governing comprehensive examination. Annexures R -4 and R -5 are the amendments brought about by the Academic Council in Regulation No. 69. Regulation No. 91 provides s - "91 (a) After having successfully completed 75% of the total prescribed courses (major, minor and supporting) with minimum OGPA. (6.50/10 00), a post -graduate student shall have to pass a comprehensive examination. (b) The comprehensive examination shall consist of both written and oral tests, the former preceding the latter. (c) A candidate shall be given only to chances to appear in the comprehensive examination, written or oral." Regulation No. 69, deals with punishment for using unfair means. Before it was amended by the Academic Council in its meetings dated April 6,1990 and July 9, 1990 (evidenced by Annexures R -4 and R -5 referred to earlier), this Regulation said that \ - "69. The Dean, after satisfying himself that the student has used ¢unfair means, shall impose penalty as indicated below: (a) A student found using unfair means9 during an hourly test shall be deemed to have failed in that course (b) A student found using unfair means during the Mid -Term Examination shall be deemed to have failed in all the courses during the semester. (c) A student found using unfair means during End -of -Term Examination shall be deemed to have failed in all the courses in that semester and also debarred from registration in the College/ University during the subsequent semester."