Ajay Rastogi, J. - (1.) COUNSEL submits that the respondent conducted enquiry against the petitioner regarding using of unfair means & misconduct during examination of B.Tech. V Semester (Main) subject/paper "Advanced Data Structures" Code (5E 3256) in which after the petitioner having been held guilty for using unfair means it was decided by the Committee to cancel his examination of B.Tech V Semester for 2011 -12 and at the same time also canceled other examinations lower as well as higher held during 2011 -12 including midterm seasonal & practical examination of the petitioner. However, the petitioner was held to be eligible to attend classes of V semester as regular student of academic session 2012 -13 and to appear in the subsequent examinations of academic sessions to be held during 2012 -13 as evident from the order dt. 23.12.2011. Counsel submits that grievance of the petitioner is that punishment which has been inducted upon him is too harsh and it requires sympathetic consideration.
(2.) COUNSEL submits that similar like controversy came for consideration before the Coordinate Bench in CWP -7429/11 and while disposing of the writ petition vide order dt. 29.11.2011 opportunity was made available to the writ petitioner to submit representation for due consideration by Vice Chancellor, Rajasthan Technical University. The relevant extract of the judgment dt. 29.11.2011 is reported to ad -infra: Consequently, I would dispose of the writ petition and even while presently denying any relief to the petitioner, allow the petitioner to make a detailed representation to the Vice -Chancellor, RTU with regard to prejudice caused to the petitioner if the punishment imposed on the petitioner were not to be reviewed. In the event the representation is made to the Vice -Chancellor, RTU within a period of four days from today, the Vice Chancellor, RTU shall decide the same taking a sympathetic and wholestic view of the matter particularly the fact that the petitioner has written and passed the 5th Semester examination and studied the whole session in the 6th Semester after due permission from the University. In the light of order dt. 29.11.2011 of the Coordinate Bench, referred to supra, counsel submits that he may also be granted liberty to submit representation before the Vice Chancellor, RTU. The writ petition stands disposed of with liberty to the petitioner to submit representation and it is expected from the competent authority to examine & decide after taking the sympathetic and wholestic view of the matter within four weeks thereafter and decision may be communicated to the petitioner who if still feels aggrieved will be at liberty to avail remedy which the law permits.;