SARTHAK GARG Vs. RAJIV GANDHI NATIONAL UNIVERSITY OF LAW
LAWS(P&H)-2011-4-101
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 04,2011

Sarthak Garg Appellant
VERSUS
Rajiv Gandhi National University Of Law Respondents

JUDGEMENT

- (1.) This petition has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 22.11.2010 (Annexure P-1) and Notification dated 23.11.2010 (Annexure P-2), issued by the respondent-University; namely, Rajiv Gandhi National University of Law, Patiala. The petition further prays for quashing of decision taken by the Executive Council of the respondent-University on 17.12.2010 (Annexure P-4), vide which proceedings of Unfair Means Committee of the respondent-University have been confirmed. The petitioner claims to have a good academic record in the past, having secured 79.4% marks in 10th class, 84.6% marks in 10+2 examination, 69% marks in 1st Semester of B.A.. L.L.B. (Honours) 5 Years' Course and 67% marks in 2nd Semester of the same Course.
(2.) The petitioner was successful in All India Common Law Admission Test and, thereafter, got admission in the respondent-University. The petitioner took 1st Semester examination of B.A., L.L.B. (Honours) 5 Years' Course and, after passing the same, was promoted to the 2nd Semester. The petitioner, while appearing in 2nd Semester examination of English subject, was inadvertently in possession of two pieces of paper, which were taken away by the Examiner. A case of unfair means was made against the petitioner on 9.6.2010. In all other papers of 2nd Semester, the petitioner secured 68% marks (approximately), except English paper, in which the petitioner got a reappear.
(3.) As per the claim of the petitioner, in September, 2010, the petitioner took the reappear examination in English subject, and secured 64% marks. The petitioner got admission in 3rd Semester and attended all the classes and also took the examination for 3rd Semester. All this time, no decision was taken by the Unfair Means Committee. Be that as it may, the Committee met on 22.11.2010, as is disclosed from report (Annexure P-1).;


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