ANITA MITTAL Vs. SUKHADIA UNIVERSITY UDAIPUR

JUDGEMENT

(1.) ORDER :- The petitioner by this writ petition has challenged the order dated 4-7-1986 whereby the petitioner was debarred from appearing in the papers of Chemistry and Zoology of Pre-Medical Test held in 1986. It has further been prayed that she must be awarded marks on the basis of the marks obtained by her in Physics and Botany in the Pre-Medical Test or that the non-petitioners may be directed to conduct Special Examinations for the papers of Chemistry and Zoology of Pre-Medical Test 1986 and to declare the result accordingly.

(2.) The petitioner has appeared in the Pre-Medical Test, 1986, at Dungar College Centre Bikaner. Her roll number was 3243. It is alleged that she is a first class student. She appeared in the P.M.T. Examination 1986 on 2-7-1986 in the paper of Physics and on 3-7-1986 in the paper of Botany. On 4-7-1986 when she was solving the paper of Chemistry a flying squad came to inspect the conduct of examination and searched the objectionable material from the candidates. At 8.45 A.M. when they asked the petitioner to show her hands, it was found that something was written on her palm. The members of the flying squad took her in the office of the Central Superintendent and seized her paper and answer book. The petitioner tried to persuade the Central Superintendent and the members of the flying squad that whatever she has written on her palm was not visible nor it can be used for solving the paper concerned. The petitioner's entreaties did not persuade authorities and she was informed that she would not be allowed to appear in the said paper as well as in the future papers which were due to be held on 5-7-1986. Whatever symbols written on the palm were reduced on the paper. Next day i.e. 5-7-1986 the petitioner appeared along with her parents to solve the paper of Zoology, she was informed by the Central Superintendent that she has been debarred from the examination. The petitioner suspected some foul play on account of Shri C.K. Bohra, Lecturer in Zoology in Dungar College, Bikaner. It is alleged that she was taking private coaching but she left Shri Bohra. Therefore, whole thing has been done on account of the ill will of Shri Bohra. It is in these circumstances the petitioner has approached this Court by filing the present writ petition.

(3.) A return has been filed by respondent 1 and the facts averred by the petitioner in the writ petition are more or less accepted. It has been submitted that the petitioner never contested and whatever symbols she has written on her palm do not relate to the subject matter of her examination. It is stated that she only submitted that she did not make use of it and she assured that such mistake will not be committed in future. It is submitted that the very fact that she has written some thing on her palm shows that she has brought objectionable material with the intention to use it which the petitioner was not supposed to do. It is submitted that bringing something objectionable in the examination hall indicates certain purpose otherwise no candidate would bring such things in the examination hall. This was found to be an objectionable material under Clause 14 of the Instructions issued to the students. This was treated as unfair means. The Central Superintendent who is authorised to decide this, cancelled the examination of the petitioner and sent it to the Controller of the Examination and the Vice-Chancellor, Sukhadia University, Udaipur. This action of the Central Superintendent was approved and the petitioner's examination was cancelled. The so-called allegations against Shri Bohra have been denied.