TRIPURA UNIVERSITY Vs. PRAKASH CHANDRA BISWAS
LAWS(TRIP)-2021-1-13
HIGH COURT TRIPURA
Decided on January 05,2021

Tripura University Appellant
VERSUS
Prakash Chandra Biswas Respondents

JUDGEMENT

Akil Kureshi, J. - (1.) This Appeal is filed by the Tripura University and its authorities original respondents No.1 to 7 (hereinafter to be referred to as 'the official respondents') to challenge the judgment dated 06.09.2018 passed by the learned Single Judge in W.P. (C) No.202 of 2014. The respondent No.1 herein was original petitioner. Respondents No.2 and 3 were original respondents No.8 and 9, who were the Coordinator of Ph. D Course Work Examination and Assistant Professor, Department of History of Tripura University respectively and who were joined as the respondents since the petitioner had made several allegations against them.
(2.) Brief facts are as under: The petitioner was a Judicial Officer in the District Judiciary. In the year 2013, with the 'No objection' from the High Court, the petitioner joined Ph.D programme in Law with Tripura University as a part-time candidate. As part of the said course, the petitioner had to clear written examinations. On 19.02.2014, the petitioner appeared in Paper-III of Ph.D Course Work Examination, 2014. According to the University authorities, during such examination, the petitioner was caught red handed writing answers from a slip which he was carrying. This happened when Professor Satyadeo Poddar, the Coordinator of Examination, original respondent No.8 during his invigilating rounds, noticed the said malpractice being committed by the petitioner. This incident was followed by a Notice of Expulsion issued by the University on the same day. As a result, the petitioner was not allowed to appear in Paper-IV for which examination was conducted on 21.02.2014. On account of the issuance of Expulsion Notice, the petitioner was placed under suspension on 20.02.2014.
(3.) The authorities issued a Notice on 03.04.2014 to the petitioner asking him to appear before the Disciplinary Committee of the Tripura University on 09.04.2014 in connection with the allegation of malpractice. On 03.04.2014, the petitioner was heard in person by the Disciplinary Committee which consisted of 5 members and was headed by Professor Anjan Kumar Ghosh, the Vice Chancellor, as the Chairman. The proceedings of the Disciplinary Committee read as under: 'At the outset the Chairman of the Discipline Committee welcomed the members present and initiated discussion. Sri Prakesh Chandra Biswas, (bearing Roll No.LA/Ph.D/M/04/14) who was expelled on 19th February, 2014 for adopting unfair means in the Ph.D Course Work Examination, 2014 appeared before the Discipline Committee. The sealed Answer Script which was seized from Sri Prakesh Chandra Biswas was opened in front of the members of the Discipline Committee alongwith the Notice of expulsion issued by Prof. Satyadeo Podder, Coordinator. A strip/slip of paper was found attached with the Answer Script. It was reported by the invigilator (on the Answer script) that the candidate was found cheating and adopting unfair means in the Examination Hall by copying from the enclosed slip of paper and he was cought redhanded at about 2.30 pm on 19th February, 2014. Then, opportunity was given to Sri Prakesh Chandra Biswas to give justification, if any, in his defence. Sri. Biswas expresed his views that 1. Sri Biswas confessed that the Answer script shown to him was of him but the enclosed slip of paper was not him. 2. The report of the Invigilator is totally false. 3. He is a victim of some personal grudge of some person. 4. Notice of Expulsion is not yet supplied to him. 5. He also pointed out some mistakes in the Question paper. 6. He informed the committee that on 19th February, 2014 Prof. Satyadeo Podder came to the Examination centre and started discusion with somebody in a very loud voice just infront of the said Examination Hall. He requested humbly to stop shouting in front of the Examination Hall. After that, Sri Manishankar Mishra, invigilator, came and snached his Answer script, Question paper and left the hall. 7. As a result of this Expulsion, his academic persuit is being hampered, his social stands and reputation are also affected. False reports have been published in some daily news papers contaning some false imputation against him. 8. He humbly requests the authority to revoke the expulsion notice issued dated 19th February, 2014. The Discipline Committee discused atlength and opined that the expulsion Notice issued on 19th February, 2014 stands valid and Sri Prakesh Chandra Biswas be debarred from appearing in the Ph. D Course Work Examination in any department of Tripura University for three years from 2014, Meeting ended with a vote of thanks to the chair.' ;


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