G.R. Majithia, J. - (1.) This judgment will also dispose of CWP 12912 of 1989.
(2.) The Petitioners in this writ petition under. Articles 226/227 of the Constitution of India have challenged the order of the Standing Committee disqualifying them for using unfair means in the examination Under Ordinance 10 (j) read with ordinance 11 and 13 of the Ordinances contained in Guru Nanak Dev University Calendar Volume II 1986 (hereinafter to be referred to as the Ordinances). They have been disqualified for appearing in any University examination for a period of one year on each count but the disqualification has to run concurrently.
(3.) The facts:-The petitioners appeared in English B.A. Part III examination held in April 1989 at Guru Gobind Singh Khalsa College, Sarhali Centre. The Respondents received complaints that during the course of examination, the examinees used unfair means. Their answer books were sent to the subject expert who reported that the petitioners had either copied the answers to certain questions from the answer book of some other candidate or from some other common source during the course of examination. The Controller of Examinations informed them to show cause why action be not taken against them under Ordinance 10 (j) (h) and Ordinance 13 read with Ordinance 11 of the Ordinances. They were directed to appear before the Standing Committee and they appeared there. The Standing Committee relying upon the report of the subject expert and after perusal of the answer sheets found that answer relating to the essay was almost identical. It sub-divided the candidates into two groups and on this basis concluded that the misconduct attributed to the petitioners under Ordinance 10 (j) and Ordinance 13 read with Ordinance 11 stood proved.;