LAWS(HPH)-1956-8-1

AMOLAK SINGH Vs. PUNJAB UNIVERSITY

Decided On August 28, 1956
AMOLAK SINGH Appellant
V/S
PUNJAB UNIVERSITY Respondents

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution made by four candidates, who appeared for the LL.B. Pass Examination of the Punjab University held in May, 1956, at Jullundur centre (Boaba College, Jullundur). On 38-5-1956, at 8 A.M., the question paper on the Law of Evidence was distributed among the candidates assembled in the hall, including the present petitioners. A pandemonium ensued, presumably because some of the candidates thought that the question paper was unduly stiff. Stools and desks were overturned. Some of the candidates tried to jump out through the windows. Since orderly conduct of the examination became impossible, all the answer-books were collected and the hall was cleared.

(2.) The matter was reported to the University authorities by the Superintendent of the examination hall. Eventually, the petitioners were disqualified for one year by the University authorities under Regulation 18 (ii) of the University. Hence, this writ petition, wherein I am requested to set aside the order, disqualifying the petitioners, and to issue a writ of mandamus to the respondent to permit the petitioners to appear in paper No. 6 (Law of Evidence) in the examination to be held in September next.

(3.) Learned counsel for the petitioners urged that the petitioners were in no way responsible for the disturbance that took place in the examination hall on the day in question. He pleaded that the petitioners had done well in the preceding five papers and were anxious to answer paper No. 6 (Law of Evidence) also. He also submitted that had an opportunity been given to the petitioners, they would have satisfied the University authorities that they were not responsible for the disturbances and that the University authorities have erred in holding that the petitioners were the ringleaders.