MOHINDER SINGH JAMWAL Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) The petitioner appeared as a private candidate in the B. A. Final (old scheme) examination held in May-June, 1982 with Roll No. 4609. The results of the examination were declared on 13-8-1982, but not that of the petitioner. He came to know from the Gazette that his result was withheld on account of unfair means. He contacted the 4th respondent who is the Controller of Examinations, University of Jammu and enquired of him as to why his result was not declared. He is alleged to have assured the petitioner that there was no complaint against him and that his result would be declared soon. The petitioner waited. But to his surprise a notice (Annexure-A1) dated 11-12-1982 was served upon him informing him that there were allegations of use of unfair means by him and asking him to appear before the Competent Authority, the 3rd respondent in the writ petition on 21-12-1982 and to forward his written explanation before that date. The said notice was accompanied by a copy of the allegations against him (Annexure-A2). The petitioner sent his written explanation to the 5th respondent, the Asstt. Registrar (Secretary, Jammu University) stating that ho was innocent and denying the allegations levelled against him. (This explanation is not produced). He appeared before the 3rd respondent and requested him to permit him to cross-examine the witnesses and to produce defence evidence. The petitioner was assured by respondent No. 3 also that there were no accusations against him and that his result would be declared. The petitioner waited till he received another notice (Annexure-A1) dated 14-2-1983 issued by the 6th respondent, the Deputy Registrar of the University of Jammu, informing him that a ' committee constituted by the Vice- Chancellor, the 2nd respondent, had, after consideration of all the materials placed before it, come to the conclusion that the petitioner was guilty of unfair means and that the committee had proposed to disqualify him from appearing in any University Examination or passing in such examination for a period of three years. The petitioner sent a reply to the notice reiterating his stand that he was innocent (not produced). Finally, the petitioner received Annexure-C1, notification dated 13-6-1983 from the 6th respondent informing him of the imposition of the punishment proposed. Hence this petition.

(2.) The prayer in the petition is to quash Annexure-C/1 No: Secy/II/83/1037-50, to direct the respondents to declare the result of the examination of the petitioner of B. A. Final (old scheme) held in May, 1982 and for other incidental reliefs as this Court may deem fit to grant.

(3.) The grounds on which the above prayers are made, are as follows :