- (1.) S. R. Singh, J. It is a case in which the petitioner, a Second year student of Master of Computer Application (In short the (M. C. A.) in Banaras Hindu University, has been rusticated from all the privileges of the University w. e. f. 11-7-1996 debarred from appearing in all Entrance tests in future and further debarred from taking admission to Ph. D. courses for his indiscretion vide order impugned in this petition. The genesis for this extreme action was that he appeared in M. C. A. Entrance Test 1996, held on 6-7-1996 even though he was already on the rolls of the University as a bona fide student of M. C. A. Second Year course. The accusation was that the act on the part of the petitioner of appearing in M. C. A. Entrance Test 1996, held on 6- 7-96 was an act which amounted to 'misconduct' being concealment of facts that he was already a bona fide student of M. C. A. , Second Year Course. Indisputably, there was no occasion for him to appear in them. CA. Entrance Test 1996.
(2.) IT brooks no dispute that the petitioner was a bona fide student of M. C. A. Second year course and had also appeared in M. C. A. Second year Examination, 1996 as well as in the back-paper of M. C. A. , 1st year. He, however, sought mitigation of his conduct by stating that he was induced to appear in the M. C. A. , Entrance Test 1996 by the gauntlet thrown by some fellow students that he could not romp home a second time on his own merits which hurt his pride of a meritorious student and in a moment of ill- considered action born of his immaturity, he appeared in the test albeit there was no occasion for it. The University authorities, however, fished out this conduct of the petitioner, being act amounting to conceal ment of facts and accordingly, inflicted punishment foretasted. The learned counsel appearing for the petitioner urged that mere pacification in M. C. A. , Entrance Test 1996 by non-dis closure of fact that the petitioner was al ready a bona fide student of M. C. A. , Second year course, did not amount to "miscon duct", warranting "disciplinary action" under Ordinances governing "maintenance of discipline and grievances procedure". In opposition, the learned counsel for the respondent university contended that the concealment on the part of the petitioner that he was already a bona fide student of M. C. A. Second year course, is a species of "misconduct" warranting 'disciplinary action' under the Ordinances foretasted. The learned counsel attempted to suggest that the petitioner had in fact appeared in M. C. A, Entrance Test 1996 with a design to help another student to pass muster on his merits and secure admission and owing to timely vigilance and detection, he was foiled in his designs. I have bestowed my anxious con sideration to the submissions made at the bar.
(3.) THE Ordinances clearly postulate that no student of the University shall in dulge in an act of indiscipline which inier-alia includes 'misconduct'. THE counsel for the respondent university rightly submitted that the word "misconduct" is of wide con notation. Any act which is unbecoming of a student would constitute 'misconduct' within the meaning of the Ordinances foretasted and the petitioner had actually done something which was unbecoming of a student of M. C. A. Second year course. But the question is whether the punishment awarded to the petitioner, was commen surate to the said misconduct. A perusal of the 'information Bul letin of Banaras Hindu University Entrance Test 1995-96 for courses other than B. A. (Honours) and B. Sc. (Honours) would indi cate that it expressly inhibited candidates who were admitted as regular students to any courses of studies in the University through Entrance Test in the earlier years and who were eligible for appearing in the concerned examinations, from re-appearing in the Entrance Test for admission in the same courses or same combination of sub jects. Similar inhibitions are embodied in the 'information Bulletin' pertaining to Banaras Hindu University Entrance Test 1996-97, for courses other than B. A. (Honours) B. Sc. (Honours) and M. C. A. , but the 'information Bulletin' pertaining to post graduate Entrance Test 1996 for post graduate courses including M. C. A. does not find mention of a similar inhibition. One of the general requirements mentioned in the said 'information Bulletin' is that the ap plication form of candidates who have sub mitted fake/fraudulent certificates shall be rejected without any reference to the can didates and further that such candidates are exposed to punitive action i. e. are likely to be prosecuted with a further stipulation that the candidates who were found to have sub mitted fake certificates for admission in the Banaras Hindu University for under graduate , post-graduate courses, shall not be allowed to appear in Post Graduate Entrance Test but nothing therein provides that in a situation like the one in the instant case, the candidate would be exposed to be halted up for misconduct. There is no material direct or indirect substantiating that the petitioner indulged in any act of impersonation or any act of helping another student to pass muster in M. C. A, Entrance lest 1996.;