- (1.) The petitioner challenges the communication dated 06.04.2005 (Annexure P-7) vide which he had been informed that he stood disqualified for 5 years from appearing in any examination of all the three Universities of Punjab, on account of use of unfair means in the B.Ed. Entrance Test- 2004 against Roll No.15262 at Centre No.ASR-4 as per order dated 23.02.2005 (Annexure P-6) of the Special Committee. The appellate order dated 24.05.2005 (Annexure P-9/T) is also subject matter of challenge.
(2.) The main argument of the counsel for the petitioner stems from the fact that the petitioner had been registered for enrollment of Ph.D. with the respondent-Panjab University in September, 2003 (Annexure P-1) and, therefore, was barred as such from giving any examination of M.A. or any other Post Graduation Course. It is submitted that the petitioner could not join the B.Ed. Course and, therefore, there was no such involvement on his part. Counsel for the petitioner has further placed reliance that there were two different opinions of the handwriting experts and, therefore, the petitioner could be given the benefit of doubt.
(3.) Counsel for the University on the other hand after taking the Court through the original record has submitted that proper opportunity was given to the petitioner. Initially the order was ex parte on 14.07.2004 and, thereafter, the Special Committee passed the order dated 23.02.2005 (Annexure P-6), after giving proper hearing and the reasons were contained in the said order. It is, accordingly, submitted that it was a case of fraud and even FIR No.268 under Sections 419, 420, 468, 468, 471 IPC at Police Station Sadar, District Amritsar had been lodged on the same date i.e. 26.06.2004 against the petitioner and his friend Judgebir Singh, who was alleged to be a engineering student and appeared on behalf of the petitioner for the said test.;