JUDGEMENT
-
(1.) The petitioner was admitted after admission test in the College of Veterinary Science and Animal Husbandary, Mathura in the course of B. V. Sc. and A. H. He was regular student and was allotted a room in Gautam Hostel. The petitioner passed his first year session for 1986-87, the result of which was declared in the year 1988. The petitioner thereafter appeared in main examination of second year session held in February, 1990. He passed the paper of Pharmacology, but was required to appear in supplementary examination in 3 papers, namely Anatomy, Physiology and Bio-Chemistry. The supplementary examination was held in March, 1990. On 19-3-1990, the petitioner had appeared in supplementary examination of Bacteriology. After getting the answer book and the question paper, he had started writing the answers. The petitioner in the writ petition stated that a 10.30 a.m. the Invigilator, Dr, V. P. Singh, took one slip from the floor of the examination hall and asked the petitioner about the same. The petitioner denied having any connection, knowledge or information about it. He denied to have known what was written in the chit. In the meantime, on the said date and time, Dean of Faculty Dr. J. N. Dwivedi, had also come to the examination hall and under his direction a second copy, called 'B-copy' was issued to the petitioner after taking from his earlier copy (A-copy). The petitioner had put his signature on the form given to him and was asked to make a note that the slip/chit was found from his possession. The petitioner had declined to write the said fact but under the pressure of Dr. J. N. Dwivedi and Dr. G. Chandra, the Invigilators present in the examination hall, he was compelled to write so and put his signature. The petitioner stated that he had made a correct statement before the invigilators and the Dean of Faculty that he had not used any unfair means. After answering the questions of the papers, the petitioner had submitted the answer book to the Invigilator present in the examination hall. On 20-3-1990 and 21-3-1990 the papers of Anatomy, Physiology and Bio-Chemistry were held. On 24-3-1990 the petitioner made a representation to the Vice-Chancellor of the University, praying for an independent enquiry in the episode of recovery of chit/slip from the possession of the petitioner on 19/03/1990. The petitioner had given twisted and false version of the case. Respondent in para 10 of the counter-affidavit denied the facts and stated that the chit was in his pocket and in his own hand writing. He admitted these facts in his own statement in prescribed form CSA and ES-5. The respondent details and counter version in the counter-affidavit.
(2.) In June, 1990 the result of the supplementary examination of the second year was declared. The petitioner stated that he had himself seen the gazette and he found that he had passed in all the 3 papers in which he had appeared in the examination. However, when the result was pasted on the notice board, the roll number of the petitioner was not shown amongst the successful students. The petitioner made enquiries from the authorities concerned and was told that his result was withheld on the ground that the examination for Micro-Biology, in which the petitioner had appeared, was found to have been answered by using unfair means in the examination.
(3.) Again on 18-6-1990, the petitioner made a representation to the Vice-Chancellor. It was requested in the representation that a committee may be constituted of independent persons, so that the petitioner may get justice. The petitioner received order on 20-6-1990 from the office of the Registrar in which the petitioner was awarded punishment by the Registrar and was declared failed in Bacteriology on the recommendation of the Unfair Means Committee of the College aforesaid.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.