- (1.) THE petitioner, a student of L.L.B. Honours course in the University of Allahabad, is aggrieved by communication dated 5.11.2013 by Controller of Examination, whereby, he has been informed of the decision of Unfair Means Committee cancelling his result of L.L.B. Honours VI Semester Examination 2012 -13 and debarment from the corresponding (and any other) Examination of 2013 -14. The order has been challenged on the following grounds: - (a) The Unfair Means Committee, which is empowered to take such decision, has not been constituted so far. (b) It has been passed without following the procedure prescribed under the Ordinances, which requires that such decision can only be taken by at least 3 members of the Unfair Means Committee. (c) The petitioner has not used any unfair means and two printed pages were picked up by the flying squad from the ground. The said material neither belongs to the petitioner nor has been used by him in answering the question paper. (d) Self contradictory findings have been recorded in the impugned order. (e) Punishment imposed is severe.
(2.) ON the other hand, the University in its counter affidavit justified its action. The material seized from the petitioner (two printed pages) and the answer script have been brought on record to show that unauthorised material was used by the petitioner in answering the questions. The original records relating to constitution of Unfair Means Committee, the deliberation held by the Unfair Means Committee in its meeting held on 5.11.2013 and the material seized for answering the questions, were produced before this court on different dates, pursuant to directions of this Court.
(3.) I have heard learned counsel for the petitioner and Sri V.K. Singh on behalf of respondent University and perused the record. I first proceed to examine the contention of the petitioner that Unfair Means Committee has not been constituted so far. In view of the said contention, counsel for the respondent University was directed to produce original records relating to constitution of Unfair Means Committee. In pursuance of the said order, the original records were produced before this Court and the Court, after examining the original records, came to the conclusion that Unfair Means Committee was constituted as per the provisions of Ordinance 1.4 of Chapter XVIII. The relevant part of the order dated 13.5.2014 is reproduced below: - "In view of the order passed on 12.5.2014, learned counsel for the University has produced before this Court the original record in a sealed envelop, relating to constitution of Unfair Means Committee. The sealed cover was opened in the Court and on perusal of the record, it transpires that the Examination Committee in its meeting held on 1.11.2012 vide Resolution No.4 constituted a Committee to decide unfair means cases for the examinations relating to academic session 2012 -13. In this regard, there is also a confidential letter issued by the Incharge Confidential Section (U.M.F. Cell) University of Allahabad, by which the constitution of the Committee was notified. On perusal of the aforesaid material, this Court is satisfied that the Unfair Means Committee was duly constituted as per the provision of Ordinance 1.4 of Chapter XXVIII.";