BASANT KUMAR Vs. MAHARAJA GANGA SINGH UNIVERSITY

JUDGEMENT

(1.) BY way of this writ petition, the petitioner has questioned legality of order dt. 31.8.12 passed by the respondent -Maharaja Garga Singh University (for short "the University"), whereby petitioner's LL.B. Part -I Examination, 2012 has been cancelled allegedly on the ground that he was caught using unfair means while appearing in Paper I of the said examination. The petitioner appeared in Paper I of LL.B. Part -I Examination, 2012 at the Centre -Dr. Ambedkar Government P.G. (Boys) College, Sri Ganganagar. The allegation against the petitioner is that he was found carrying mobile phone in the examination hall and when inquiry was made by the Flying Squad regarding use of unfair means, the petitioner misbehaved with the members of Flying Squad and threatened them of dire consequences. Indisputably, the mobile phone found in the possession of the petitioner was switched off and 'was not containing any material relevant to the syllabus of the examination.

(2.) A report was submitted in this regard by the Centre, Superintendent to the respondent -University. On the basis of the report submitted holding the petitioner guilty of using unfair means, his examination of LL.B. Part -I Examination, 2012 was cancelled vide order dt. 31.8.12 issued by the Controller of Examination, invoking the provisions of Ordinance 152 of the respondent -University.

(3.) ON the other hand, the counsel appearing for the respondent -University submitted that on the basis of the report submitted by the Centre, Superintendent, the petitioner was found guilty of using unfair means, while appearing in the examination of Paper -I of LL.B. Part -I. Examination, 2012. Learned counsel submitted that apart from using the unfair means in the examination, the petitioner misbehaved with the members of the Flying Squad and therefore, the disciplinary action taken by the respondent -University while exercising the power under Ordinance 152(4)(b)(ii), does not warrant any interference by this Court in exercise of its extra ordinary jurisdiction under Article 226 of the Constitution of India.