NEERAJ KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Petitioner, a student pursuing his MBBS Course has laid this writ petition under Articles 226 & 227 of the Constitution of India to challenge the impugned order dated 07.09.2015 (Annex.5) penalising him for using unfair means during second MBBS Examination conducted on 03.07.2015. It is clearly spelt out in the impugned order that while appearing in Pharmcology Third Theory Paper, petitioner was caught red handed by the Invigilator using unfair means in the examination. The Invigilator promptly reported the matter and thereupon the answer-book of the petitioner along with incriminating material was sealed at the Examination Centre and forwarded to the respondent-University.

(2.) The respondent-University later on allowed access of the incriminating material to the subject expert and subject expert submitted its report that material collected during examination is directly related with the question paper. It is also reported by the subject expert that petitioner has used the requisite material for solving question paper. The objectionable material along with report of the subject expert was then placed before the Committee constituted for hearing the cases relating to unfair means in the examination. The committee afforded personal hearing to the petitioner in the matter and thereafter passed the following punishment order:-

(3.) In the entire petition, the petitioner has not questioned the procedure adopted by the Committee before conveying him adverse decision but has simply contended that punishment is too harsh. It is also urged by the petitioner that the punishment of cancellation of present examination and debarment for one subsequent examination tantamounts to double jeopardy which is forbidden under Art. 20 (2) of the Constitution of India.