- (1.) THE petitioner, a student at the Government College of Arts, Sector 10, Chandigarh, is aggrieved by the order dated September 6, 1993 passed by the Punjab University by which "he has been debarred from passing in the subject of History and Appreciation of Art (Theory) under Regulation 4 of the Punjab University Calender Vol-II 1988 as a disciplinary measure". The petitioner had appeared in the final year examination leading to the Degree of. Bachelor of Fine Arts held in April/may 1993. On May 22, 1993, he appeared in the paper of 'history and Appreciation of Art'. The examination commenced at 9. A. M. At about 9. 45 A. M. , the Flying Squad conducted a personal search of some of the students. A small chit was recovered from the petitioner. On being asked, the petitioner stated that the possession was inadvertent, He appeared before the appropriate authority of the University. Finally by order dated August 12, 1993, the committee constituted by the University to consider and decide cases of students who were alleged to have indulged in use of unfair means, examined the petitioner's case. After hearing the petitioner and examining the record, the committee recorded its conclusion in the following words : "the Committee, after perusing the case and hearing the candidate, finds that the candidate's plea of inadvertent possession, right from the Examination Centre, is consistent. The possession of. the incriminating material not being in doubt, the only question (that) remains to be determined is whether it was malafide possession in terms of Regulation 5 or inadvertent possession in terms of Regulation 4. The committee feels that the pleas of inadvertence taken by the candidate consistently, right from the Examination Centre, may well be true. The committee, therefore, concludes that the case of the candidate falls under Regulation 4 (Inadvertent possession) appearing at pages 11-12 of the Punjab University Calender Volume II, 1988 and directs that the candidate be debarred from passing in" the paper concerned, as a disciplinary measure. Sd/ Sd/- Sd/ (Sada Nand) (Mubarak Singh) (Prem Singh Prem) Chandigarh August 12, 1993. "
(2.) THIS order has been quoted from the original file produced by Mr. R. D. Bawa, learned counsel for the respondents.
(3.) MS. Madhu Khanna, learned counsel for the petitioner has contended that the action of the respondents is not in conformity with the provisions of Regulation 4. It is apt to notice the provision. It provides as under: "if during a university examination, a candidate is found having in his possession or accessible to, him papers, books, or not due to inadvertence but which papers, books or notice could be of assistance to him he may be debarred from passing in that paper as a disciplinary measure. ";