KAVITA Vs. THE PUNJAB UNIVERSITY

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution filed by Kavita, daughter of one Hans Raj; challenging the validity of the order of the Punjab University, Respondent;, quashing her Matriculation result and disqualifying her for two years, that is, 1963 and 1964.

(2.) ACCORDING to the allegations of the Petitioner, she appeared in the Matriculation Examination of the Punjab University held in March, 1963 and her Roll No. was 32020 - Later on, the results were announced and she was declared to have passed the said Examination. In due course, the Registrar of the Punjab University issued a certificate to her to the effect that she had passed the Matriculation Examination in the Second Division obtaining 469 marks, Subsequently, she was telegraphically asked to appear before the Deputy Registrar, Punjab University on 5th August, 1963. She, accordingly, did so and gave her replies to certain questions, which were put to her which apparently, satisfied him. Later on, to her great surprise, she received a letter dated 25th October, 1963 from the Registrar to the effect that the unfair means case pending against her had been decided and she had been disqualified for two years, that is, 1963 and 1964; under Regulation 12(b) at page 89 of the Punjab University Calendar, 1962, Volume I. Her result had also been quashed by the Syndicate, - -vide Paragraph 109 of its proceedings dated 28th September, 1963. She was advised to surrender the certificate already issued to her and send the same to the Deputy Registrar (Examinations) by 31st October, 1963, failing which the matter would be reported to the Police. In 1st November, 1963 she submitted a representation to the Syndicate of the Punjab University praying that her case be reconsidered and fresh enquiry be made and she be afforded an opportunity to place her case before them. This representation was rejected by the Vice -Chancellor of the Punjab University and information was conveyed to her by the Assistant Registrar (Examination), - -vide his letter dated 30th November, 1963. This led to the filing of the present writ petition on 30th December, 1963.

(3.) TWO contentions were raised by the learned Counsel for the Petitioner - -(1) that no adequate and proper opportunity had been afforded to the Petitioner to explain her position and establish her innocence and (2) that the University authorities had no jurisdiction to quash the result of the Petitioner under Regulation 1, appearing under the head 'Rectification of results' at page 97 of the Punjab University Calendar 1962. Volume I. after she had been granted a certificate by the Registrar, because she was no longer a 'candidate' as mentioned in this Regulation.