- (1.) This petition has been filed by the petitioner with the prayer to declare the action of the respondent University in debarring him from appearing in any University examinations for a period of three years as contrary to the provisions of the Ordinance of the University.
(2.) The petitioner is a student of LL.B. Final Year in a course which is of a duration of five years. He was to take the examination of the final year on 5.42008. His case is that on 3.4.2008 he suffered an injury in an accident as a result of which his right hand was fractured and he needed the help of a scribe to answer the question papers. The help of the scribe was given to him and on 5.4.2008. He with the assistance of the scribe answered his examination. Thereafter in the subsequent examinations which followed on 10.4.2008 onwards he did not use the assistance of the scribe and answered the question papers himself.
(3.) The University, on the other hand, found out that the petitioner had in fact committed a fraud as he was never injured and he forged the signatures of the Head of the Department of Laws on the photograph which was appearing on the authority letter of the scribe which was afforded to him. According to the University, the petitioner admitted his lapse and pleaded forgiveness. The University then prepared an unfair means case against the petitioner in accordance with the terms of ordinance governing the punishment for use of unfair means and in pursuance of clause 4(k)(iii)(iv) & (m) inflicted the punishment which is contemplated in clause 8(ixii). The relevant clauses are extracted hereunder:;