VISHAVJEET VERMA Vs. UNIVERSITY OF JAMMU & ORS.

JUDGEMENT

(1.) "Virtue is knowledge and conversely ignorance is vice" is said by one of the great Philosopher viz. Socrates. The Education is a potential power, which enables the human being to render services to the humanity. To acquire knowledge one has to go through established system for getting himself educated. One attains education in Schools, Colleges and Universities. The education teaches one to lead a pure and honest life. Thus, while attaining academic qualification from the educational institutions, one has to pursue honest methods to attain the said qualifications.

(2.) PETITIONER has called in question notification No. 29/09 issued by respondent No. 2 vide which all his papers of B.Sc. Part III (Annual examination) have been cancelled. It is pleaded in the writ petition that petitioner appeared in B.Sc. Part III (Annual Examination) Session 2009 under Roll No. 1190314. It is also pleaded that when the petitioner was waiting for the declaration of results of B.Sc. Part III (Annual Examination), he received a notice bearing No. Conf/UFM/9/1811 -75 dated 20th July, 2009 addressed by Assistant Registrar (Conf./UFM), University of Jammu conveying the petitioner that his name figures in the list of candidates whose answer scripts were noticed to have distinctive mark of identification in subject Mathematics Paper "A" of B.Sc. Part -ITI Examination 2009 (Session -Annual) held on 25th of May, 2009 and petitioner was requested to appear before the competent authority on 27th July, 2009 at 11:00 a.m. to defend his case. It is further pleaded that pursuant to the aforementioned notice, petitioner appeared before the competent authority on 27.07.2009 at 11:00 a.m. and he submitted before the competent authority that inadvertently he had started writing his name on the answer script and before full name could be written he realised his mistake and tried to erase the same by his own pen. It is further pleaded that name was not legible. Respondent No. 2, however, issued the impugned notification in which petitioner also figures, ordering for cancellation of all the papers in which petitioner has taken examination in B.Sc. Part III Examination, 2009 (Session Annual). Petitioner preferred an appeal to the Syndicate, but according to him no decision was taken thereon, which constrained him to file the writ petition, inter alia, on the grounds that there is violation of the Statute 3 (a) of the Chapter XXXIX, Statute 33 of the Chapter XL, Statute 14(5) of Chapter XLI as also Statute 5(a) of the Chapter XXXIX of the University Statutes.

(3.) IT is also pleaded that the petitioner case falls in clause (j) and (u) of regulation 4 and same is reproduced as under;