HEMAL ISHWARBHAI PATEL Vs. VEER NARMAD SOUTH GUJARAT UNIVERSITY
LAWS(GJH)-2016-12-35
HIGH COURT OF GUJARAT
Decided on December 26,2016

Hemal Ishwarbhai Patel Appellant
VERSUS
VEER NARMAD SOUTH GUJARAT UNIVERSITY Respondents

JUDGEMENT

N.V.ANJARIA, J. - (1.) On the alleged commission of unfair means in the M.B.B.S. Part 2 examination held in January, 2016, the first respondent University imposed punishment upon the etitioner-student cancelling the result of the examination and debarring him from appearing in any University examination till the end of the Second Semester of the Academic Year 2015-16, further imposing penalty of Rs.01,000/-. It is the said order dated 08th March, 2016, which is challenged by the petitioner in this petition.
(2.) The petitioner faced the charge of unfair means that he tried to disclose his identity by signifying the marks of identification in his answer-sheets, that he had drawn margin on the right side of the every page of the answer-sheet, that he had written page numbers on the top of the right of the every page placing numbers in a box drawn, that he had put a cross line with pencil across the third page and that the petitioner had drawn an index on the fourth page of the answer-sheets.
(3.) The petitioner appeared in the examination of different subjects which was held between 02nd January, 2016 to 23rd January, 2016. The result was declared on 12th February, 2016. However the petitioner's result was not declared. It appears that by letter dated 15th February, 2016, the respondent University communicated to the petitioner that his result was withheld. By another letter dated 15th February, 2016 the petitioner was asked to remain present before the Aachar Committee (Unfair Means Committee). The petitioner remained present on 24th February, 2016 before the Committee as required. The Committee recorded the statement and considered the case of alleged disclosing of identity against the petitioner and decided to impose punishment as per impugned order dated 08th March, 2016. In passing the order, report of the Disciplinary Committee was considered. It appears that the representations made by the petitioner were rejected.;


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