SANJAY LOBO Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against the order of the respondent cancelling the examination of the petitioner held in May-June, 1979 for B. Sc. (Hons) (Physics) Part II, on the ground that the petitioner used unfair means in the examination.

(2.) The petitioner was a student of B. Sc. (Hons) (Physics) Part II (Three Years scheme) and was pursuing this course of study in Maharaja College, Jaipur. He appeared in B. Se. (Hons) (Physics) Part II examination in May-June, 1979 with Roll No. 161. On June 18, 1979 the petitioner had to appear in Chemistry Subsidiary Paper HI from 3 to 6 P. M. While he was appearing in the examination, at about 5.35 P. M. the Flying Squad took search of the examinees including the petitioner, who were suspected of using unfair means, and sufficient material relating to Chemistry-Subsidiary Paper III was found in the pocket of the petitioner inside the coat which was buttoned up, The Invigilator and the Superintendent examination referred the matter of the petitioner of using unfair means in the examination to the Committee appointed by the Syndicate, and the Committee after examining the case recommended infliction of punishment of cancellation of the present examination, i.e., the examination held in May-June 1979 of the petitioner.

(3.) The petitioner represented to the Vice-Chancellor on November 22, 1979 for reconsideration of the decision cancelling his examination and for review of his case. He was informed about the decision of the Vice-Chancellor by letter of the Assistant Registrar (Examination-III) dated January 22, 1980. He again made a representation to the Vice-Chancellor on February 25, 1980, and he was asked vide letter dated March 22, 1980 of the Registrar, University of Rajasthan, Jaipur to appear before the Standing Committee appointed to consider the cases of unfair means on March 26, 1980 at 3.30 P M. in the University Office. He appeared and the decision is still awaited.