KUMAR GYANENDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the State.

(2.) PETITIONER is the student of Mithila Minority Dental College, Darbhanga, a college recognized by the Lalit Narayan Mishra University, Kameshwarnagar, Darbhanga (hereinafter referred to as the "University") pursuing Bachelor of Dental Surgery Course (hereinafter referred to as the "Course") which commenced in the year 1999 and earlier he was registered for such course by the University vide Registration No. 28931 of the year 2001. Pursuant to such registration, he appeared in the 1st, 2nd and 3rd Bachelor of Dental Surgery Examination (hereinafter, referred to as the "Examination") 2000, 2001 and 2002 and passed those examinations, as is evident from the mark - sheet granted by the University, as contained in Annexures 1, 2 and 3 to this application. Presently he was appearing in the final examination for which he was given Admit -Card, Annexure -5, perusal whereof indicates that his Roll Number for the said examination is 252 and the examination centre is at C.M. Science College, Darbhanga. In the 1st paper he appeared on 21.03.2007 and for the 2nd paper he appeared on 26.03.2007 and having written the answer -book he submitted the same to the Invigilator present in the examination hall and thereafter went outside the examination hall. At the main gate he was stopped by the policeman present there who asked the petitioner to confirm whether he has submitted the answer -book to the Invigilator in the examination hall. When the petitioner replied in affirmative then the policeman brought him back in the examination hall to confirm the said fact from the Invigilator. The Invigilator then replied that the fact whether petitioner has submitted his answer -book after writing the same in regular course shall be confirmed by the Controller of Examination and the petitioner was, accordingly, taken to the Controller of Examination, who told the petitioner that he was caught using unfair means during the examination and he has been expelled from the examination, whereafter petitioner was arrested and taken to the Sub -Divisional Magistrate, Darbhanga who imposed a fine of Rs. 2,000.00 in terms of the provisions contained in Sections 3 and 10 of the Bihar Conduct of Examination Act, 1981, which amount was also paid by the petitioner, as is evident from the receipt dated 26.3.2007, Annexure -4. Petitioner thereafter filed the present writ application on 28.3.2007 as 27.3.2007 was a holiday and the matter was considered by this Court on 30.3.2007 when counsel for the University, was granted time to file counter affidavit and matter was directed to be considered on 4.4.2007 at 2.15 P.M. with further direction to the University authority to permit the petitioner to appear in the 3rd paper of the Examination scheduled to be held on 2.4.2007. On 04.04.2007 the counter affidavit was filed, copy whereof was served on the counsel for the petitioner on that day itself at 11.50 A.M. In the circumstances, the matter was again adjourned to 8.4.2007 so as to enable counsel for the petitioner to file rejoinder. Meanwhile, petitioner was also permitted to appear in the 4th paper scheduled to be held on 6.4.2007. Petitioner having filed the rejoinder, the matter was considered today in the light of the averments made in the writ petition, counter affidavit and the rejoinder affidavit.

(3.) IT is submitted with reference to the Rules for the Guidance of Examinees, as contained in Annexure -F and the Rules Governing Punishment. For Unfair Means at the Examination, as contained in Annexure -G that if a candidate is found copying from any paper then he shall be debarred from the examination in that year and appreciating the allegations as reported by the Invigilator in his report, dated 26.3.2007, the Centre Superintendent has expelled the petitioner from the examination for using unfair means on 26.3.2007 and he has been debarred from appearing in subsequent papers of the examination, as is evident from the notice. Annexure -"C, which expulsion and debarment is certainly subject to the final decision of the Unfair Means Committee and the Examination Board which shall take final decision in the matter with the approval of the Vice Chancellor.