AMBALIKA SHARMA Vs. HIMACHAL PRADESH UNIVERSITY

JUDGEMENT

(1.) The petitioner, who is a female student prosecuting studies in a College affiliated to the respondent -University, has instituted the present writ petition challenging the decision of the Examination Discipline Committee of the respondent -University, Annexure H, whereunder the entire result of the April, 1982 examination, wherein she had appeared, has been ordered to be cancelled in so far as it relates to her and she is disqualified for a period of four years, that is, upto and including the annual examination to be held in April, 1986, from appearing at any University examination. Be it stated at this stage that pursuant to an interim order made by this Court in this proceeding on January 6, 1984, the question of penalty imposed upon the petitioner under the impugned order, Annexure H, was reviewed and consequently the petitioner is treated as having been debarred from appearing in any of the examination held so far but she is permitted to re -appear in the examination for the pre -University class to be held in April, 1984. At the preliminary hearing of the petition it has been clarified on behalf of the respondent -University that accordingly the petitioner may re -appear at the pre -University class examination to be held in April, 1984 in the subject of English only and that if she is declared successful thereat she will not be required to reappear at the examination for other subjects.

(2.) In order to appreciate the controversy between the parties, a few facts will have to be set out.

(3.) A notice dated August 23, 1982 (Annexure B) was served upon the petitioner under the signature of the Deputy Registrar of the respondent -University intimating her that she appeared to have tampered with her result card bearing Roll No. 6482 issued in connection with the pre -University examination held in September, 1981 and that as a result of such tampering, she appeared to have changed 52 marks obtained by her in the examination so as to read as 72 marks and that she also appeared to have changed the result column in the said card accordingly. Though the notice does not mention that the alleged tampering was in connection with the marks obtained in the subject of English, this fact is no longer in dispute at this stage.