KEWAL KRISHAN BANSAL Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) The Punjab University, respondent, by notification No. ENGG.III/65-Nov/II disqualified Kewal Krishna Bansal petitioner from appearing in the third examination in B. Sc. (Engineering) Civil, Part I for two years, i.e. November 1965 to April, 1967, (four sessions) under Regulation 13(b) at page 104 Vol.I of the Punjab University Calendar 1964-65. The petitioner has impugned the correctness of this order. A few relevant facts may be noticed here. The petitioner a student of the Engineering College at Chandigarh was appearing in the third examination of B. Sc. (Engineering) Civil in afternoon of 30th of November, 1965. Narinder Mohan Anand, Supervisor, was on duty in room No. D.H. 1. He is said to have noticed the petitioner rubbing off some formulae from a scale (foot-rule). In the meantime the Deputy Superintendent also arrived who took into possession the scale. The Superintendent also came into the room where all this happened. He recorded the statement of the petitioner and also formally took the plastic scale into possession and reported the matter to the Punjab University. In due course the scale was sent to Shri J.N. Bhatnagar, an expert for report about the contents which are said to have been written on the same and rubbed off by the petitioner. The expert reported as follows :-

(2.) The petitioner alleges that the order disqualifying him from appearing in the examination for two years is illegal, void and liable to be quashed amongst others also on the grounds that he had not been given proper and adequate opportunity to defend himself inasmuch as the recovered scale was not shown to the second expert for opinion whether the matter written on it related to the subject of Hydraulic Machine. He also made a grievance of the fact that the University did not furnish him copies of the statements of the Supervisor, Deputy Superintendent and Superintendent before he was asked to answer the interrogatories. The University is said to have refused to afford him an off opportunity to lead defence evidence. According to him he had been found guilty on no evidence.

(3.) The Registrar on behalf of the Punjab University in his written-statement maintained that Narinder Mohan Anand, Supervisor in room No. D.H. 1 where the petitioner was taking his examination on the 30th of November, 1965 at 3 P.M. found the petitioner rubbing off some formulae from the scale, that the Deputy Superintendent also saw the petitioner making efforts to rub off the formulae written on the scale which was taken into possession. The Superintendent after recording the statement of the Supervisor, Deputy Superintendent and the petitioner reported the matter to the Punjab University. The scale which had been taken into possession was also sent by him along with his report. The Registrar in the written-statement has explained the various steps taken by the Standing Committee in the matter which need not be mentioned here as they are almost the same which the petitioner had given in his petition. The Standing Committee after thoroughly examining the case has come to the conclusion that the petitioner destroyed the material evidence by rubbing off the pencil writings on the scale and thus violated the provisions made in Article 13(b) Vol. I of the Punjab University Calendar 1964-65 for which he was rightly disqualified for two years.