JASRAJ CHOPRA, J. - (1.) THESE six writ petitions arise out of the same order dated 3rd/7th July 1989 passed by the Controller of Examinations, Rajasthan Agricultural University, Bikaner where by the Board of Management of the Rajasthan Agricultural University, Bikaner has confirmed this punishment of current examinations cancelled imposed against the petitioners for using unfair means in the examinations of 1988.
(2.) THE facts necessary to be noticed for the disposal of this writ petition briefly, stated are: that the academic career of the petitioners is meritorious. They have secured first Division marks in all public examinations in which they appeared and, therefore, they took entrance test of PMT/PVT for the purpose of degree course of BVSC and Animal Husbandary in the then Mohan Lal Sukhadiya University, Udaipur They were successful and were admitted. They passed their first year examinations of the BVSC and Animal Husbandary degree course from the Mohan Lal Sukhadiya University of Udaipur in the year 1987 but later, it appears that the Govt, of Rajasthan thought it fit to establish an Agricultural University viz. Rajasthan Agriculture University, Bikaner and, therefore, the faculty of Veterinary Science and Animal Husbandary of Mohan Lal Sukhadiya University, Udaipur has been put under the control of Rajasthan Agriculture University, Bikaner and the petitioners are prosecuting their studies under the newly established University i.e. Rajasthan Agriculture University, Bikaner. It is alleged that while giving the paper of Dairy Science on 24.11.1988, the petitioners were found guilty of using unfair means in the said examination. It was found that there was something written on their admission cards and, therefore, the invigilator took their admission cards in his possession, obtained statements from them individually and forwarded the same with his report if the Examiner concerned and supplied to their in the second answer book for solving remaining question. Thereafter, by letter dated 3.4.1989, the Controller of Examinations of Mohan Lal Sukhadiya University, Udaipur informed the petitioners that their names have been reported to the University from the Centre of Examination for having used unfair means in the paper of Dairy Science of II nd Year BVSC and Animal Husbandary Examination held on 24.11.1988 and the Results Committee at its meeting held on 4.3.1989, after considering the relevant material has proposed the punishment of current examination cancelled' to be awarded for the alleged use of unfair means as per Rules. In that letter, the reports of the Invigilator and of the Centre Superintendent were set out and the petitioners were called upon to show cause within 15 days from the date of letter as to why proposed punishment may not be awarded against them. The petitioners submitted their replies in writing. The petitioners Shri Subendu Dixit and Shashank Manohar have filed their replies along with the writ petitions marked as Annexures -2 in their respective writ petition. The other petitioners have not filed copies of their replies. Thereafter, by order dated 3rd/7th July, 1989, the punishment of 'current examinations cancelled' against the petitioner for using unfair means in the examinations of 1988 has been confirmed by the Board of Management of the Rajasthan Agriculture University, Bikaner. It is alleged that while proceeding were so going on, the petitioners were permitted to sit in the IIIrd Year Classes till the College closed for summer vacation in May, 1989. However, the petitioners were allowed to continue their IIIrd Year studies under the orders of the Court.
(3.) BE that as it may, the petitioners have contended that sofaras known to them, no Ordinance of the respondent Rajasthan Agriculture University, Bikaner have been framed and all that has been done is that the Mohan Lal Sukhadiya University Udaipur has conducted the examination and instruction to Centre Superintendent were issued by the said University, which were also made available to the student on demand. The photocopy of the instructions to Superintendent of Examination Centre have been filed along with the writ petitions (Marked as Annexure -4 in Subendu Dixit's case) The term 'unfair means' stands described at pages 4 and 5. On the said instructions. It further prescribes the procedure and norms of punishment.;