AJAYPAL SINGH Vs. JAINARAYAN VYAS UNIVERSITY JODHPUR

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner by this writ petition has challenged the punishment imposed by the Jainarayan Vyas University, Jodhpur (here-inafter to be referred to as the JNV University, Jodhpur) vide Anx. 3 dated 15-1-1993 whereby the petitioner's examination for M.A. (Previous) in Psychology for the years 1993 and 1994 was cancelled.

(2.) Brief facts which are necessary for the disposal of this writ petition are that the petitioner is a regular student of the JNV University, Jodhpur, and is studying in the M.A. (Previous) examination in the year 1992 on 11/02/1992. The petitioner was given the paper of Psychology I. A flying squad came and made a case of unfair means against the petitioner. He was given a show-cause notice on 21/07/1992 that since the flying squad has found in his possession incriminating material which was swallowed by him and what he has to say in the matter. Petitioner filed reply to the show cause notice and he contested that the story of the flying squad that he has swallowed the incriminat-ing material is without any basis. The Auth-orities after hearing the petitioner cancelled the Examination of 1992 and he was further debarred from appearing at the subsequent examination of 1993 and 1994. This order has been challenged by the petitioner by this writ petition on the basis of principle of natural justice.

(3.) A reply has been filed by the respon-dent University and respondent University has submitted that when the flying squad was taking the round, it found the petitioner copying and when the flying squad caught him, he swallowed the incriminating paper. Thereafter an inquiry was undertaken and petitioner was given an opportunity to explain. Thereafter the committee of unfair means after hearing petitioner cancelled the examinations of the petitioner of 1992, 1993 and 1994.