R.A. Sharma, J. - (1.) BEING aggrieved by an order dated 20th March, 1991 cancelling his B.A. II year examination of 1990 and further debarring him from appearing in the examination in the subsequent year 1991, Petitioner has filed this writ petition.
(2.) SRI S.N. Upadhyaya, learned Counsel for the University has produced the original records before this Court. From perusal of the record and from pleadings of the parties, it appears that from the Examination -centre, where the Petitioner was appearing in B.A. Part II examination, a printed material was recovered from a place near his seat. On that basis the result of B.A. Part II of the Petitioner was cancelled and he was further debarred from appearing in the examination of subsequent year. Submission of the learned Counsel for the University is that the printed material which was recovered by the Flying Squad was relevant to one of the questions of the question paper which was being answered by the Petitioner on that day. It is further pointed out that few lines of first para of one of the answers given by the Petitioner tally with the offending material and on this basis it has been argued that the Petitioner is guilty of copying from that material. In this connection the learned Counsel has placed before me the first few lines of that answer and has compared it with the offending printed material. The answer of the Petitioner consists of more than one paragraph, first few lines of which although do not tally exactly but do have some resemblance, but on that account inference of copying cannot be drawn against the Petitioner.
(3.) THE printed material was not recovered from the person of the Petitioner, but was found from nearby place of his seat. Although it does create a suspicion against the Petitioner, but it was not necessarily to lead to the conclusion that the Petitioner was having that material with him. In a Examination centre large number of students are allotted seats and unless it is found that particular student was hiving that offending material or was using it in the examination, no punishment can be awarded.;