SHOWKAT JAN Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) APPELLANT filed Civil Original Suit 50/2000 as an indigent person. The Suit is on the file of Ist. Additional District Judge, Srinagar. Appellant a regular student of B.Sc. appeared in the Kashmir University Examination for the year 1998 under Roll No. 6381 from the Gandhi Memorial College, Srinagar. On 21.11.1998 when examination of B.Sc III year paper English -A, was being conducted, Superintendent of the Centre, one Prof Javed, noticed that the appellant was resorting to copying and unfair means. He alongwith other supervisory staff appeared on scene to stop her to indulge in malpractice and resort to unfair means. While doing so, the examinee in utter state of frustration snatched two other answer scripts from one Assistant Superintendent and tore the scripts into pieces. The case was reported to the University. The matter was examined and scrutinized by the unfair Committee of the University and petitioner was slapped notice to show cause within a period of seven days from the date of receipt of the notice, as to why the tentatively proposed punishment of barring her to appear and pass examination in another period of 5 years be not imposed on her. This show cause notice against the proposed tentative punishment is under challenge in the suit. The reliefs prayed for are declaration that the show cause notice is devoid of any legal force and for declaring result of the examinee and for recovery of damages to the tune of Rs. 25 lacs with interest. Besides an injunction to permit the plaintiff/petitioner to appear in the examination is also prayed for.

(2.) SUIT is contested by the respondent/ University and its officials. The University's stand is that petitioner's case is one of misconduct and use of unfair means, while appearing in the examination in the above referred paper, from the said centre in the circumstances as stated above. It is further stated that the Unfair -means Committee constituted under the University statute has examined the case of the petitioner and after following due procedure and law, has found petitioner guilty and, therefore, tentatively proposed the punishment. The plaintiff has been given opportunity to show cause against the proposed punishment which the plaintiff has not opted to avail of. The punishment has been finally imposed on the petitioner after same was finally approved by the Vice Chancellor. The suit is at evidence stage.

(3.) HEARD . Record perused. Considered.