RISHABH AGARWAL Vs. RAJ. TECHNICAL UNIVERSITY, KOTA

JUDGEMENT

(1.) Instant petition is directed against the order dt.25.06.2011 cancelling examination of the petitioner held in June-2011 of B.Tech.II Semester (Back) Subject Engineering Physics (2E1023) & IV semester of June-2011 and such uncovered/uncleared subjects of lower examination along with higher examination, all examinations (lower as well as higher) held during academic session-2010-11 was also cancelled including mid term, sessional, & practical examination. However, the marks obtained in examination of the previous-III semester of the academic session-2010-11 including term end, mid term, sessional, practical & back paper examination held during this semester were allowed to be carried forward, with further restriction of not attending the classes of V semester and so also the examination of the academic session-2011-12 and if already appeared in V semester & back examination, if any, the same was also treated to be cancelled including mid term, sessional & practical examinations. However, the petitioner was permitted to take admission as regular student in IV semester of academic session 2011-12 and to appear in the subsequent examinations to be held from 6th semester and onwards and may get himself registered as regular student again in V semester of academic session-2012-13, on the ground that the petitioner used unfair means in the examination of B.Tech-II Semester (back) subject Engineering Physics (2E1023) held on 25.06.2011.

(2.) As alleged in the writ petition, the petitioner is a student of B.Tech (Automobile Engineering) and pursuing his study in Alwar Institution of Engineering & Technology, Alwar which is affiliated to Rajasthan Technical University, Kota and appeared in B.Tech-II Semester (back) Examination-June-2011 in subject Engineering Physics (2E1023) held on 25.06.2011 and it has been alleged that during examination, he was found using unfair means and some slips were found lying surrounding place of the petitioner in the examination room where the form was filled and as alleged signed by the petitioner, copy whereof has been placed by the respondent on record as Annx.R/1. It will be relevant to record that as alleged certain sheets were recovered from the shoes & belt of the petitioner, mention whereof finds place in the form Annx.R/1 but such sheets attached are not signed by the petitioner and as regards statements/questions required to be made/answered by the candidate in reference to para-C-candidate statement, column 2(a)(b) whereof is in relation to the questions viz a viz (a) Why did you bring the material referred to in the above report & (b) did you make any use of it and the answers made by the candidate in reference thereof appears to be positive and in para (D)-Statement of Witness it has been recorded that student was copying unfair means were in his belt & shoes and he was cooperative and on that premise a cryptic show cause notice regarding using unfair means was served upon the petitioner dt.30.07.2011 but it did not indicate the nature of unfair means, if any used by the petitioner and explanation was required to be furnished by the candidate within 15 days, pursuant thereto he submitted his representation and primarily denied the charge of unfair means levelled against him in totality and submitted that during examination when the Centre Superintendent came to their room certain papers were lying nearby to which he had no concern and had no control other than the place assigned to him in the examination hall and what was alleged to be recovered does not pertain to him and he is innocent. However, no opportunity of personal hearing was afforded to him and he was directly communicated with the order dt.25.06.2011 holding him guilty of using unfair means and certain examinations referred to in the order impugned were cancelled.

(3.) Grievance of the petitioner is that as regards unfair means/disorderly conduct, these are regulated in terms of Ordinance 152 of University Ordinance, which has been adopted by the respondent-university for holding enquiries regarding cases of unfair means/disorderly conduct and that was not complied with and taken note of while passing the order impugned dt.25.06.2011.