M.L. Bhat, J. - (1.) Sixteen students who have been found guilty for using unfair means in the examination, have been punished. They pray that the orders dated 25-1-91 and 2-2-91 annexed to the writ petition, be quashed as being bad in law.
(2.) From the facts it emerges that the Petitioners had appeared in the 3rd year Examination of Secondary Technical Course from different trades. Physics Ist paper is a common paper in all the trades. All the Petitioners have common subjects which number 13. The allegation against all the Petitioners is that they have used unfair means in Science Ist paper and as such the result of each and every Petitioner was cancelled and each Petitioner was directed to take fresh admission in the 3rd year course. In the charge-sheet served on the Petitioner it is stated that they have attended same questions which were attended by other students whose roll numbers are given in the charge-sheet and have committed same mistakes while solving the questions of science paper which were committed by the other students whose roll numbers are given in the charge-sheet.
(3.) The Petitioners were directed to appear before the examination committee which was making enquiry into the allegations of use of unfair means against the Petitioners on 31-12-90. In order to give effective reply the Petitioners had prayed for permission to peruse original copy of their written papers. They denied the allegation of resorting to use of unfair means. Respondent No. 1 is said to have refused to make available the copies of the answer books to the Petitioners pertaining to the subjects in which they are said to have used unfair means. The enquiry as such is against the principles of natural justice. The charges are said to be vague and there is no evidence that the Petitioners have used unfair means in the examination hall. There is no report of the invigilator or the Superintendent of the examination hall against the Petitioners. The examination committee is said to have acted mechanically without application of mind. It is submitted that the Petitioners were given a piece of chit and they were directed to solve some questions and on the basis of these chits of papers the enquiry decision was taken. The Petitioners have stated further that some of students who were similarly circumstanced with the Petitioners have been exonerated of use of unfair means though they were also charge-sheeted for use of unfair means along with the Petitioners.;