Alok Sharma, J. - (1.) THESE petitions are being disposed of together as they agitate a common cause of action founded on common facts and law.
(2.) THE petitioners are students of B.Sc. Part -I in colleges affiliated to the University of Rajasthan. They were admitted beginning academic session 2013 -14. In the examination held following one year course of study in B.Sc. Part I, the result of the petitioners was in the first instance withheld on account of a pending inquiry with regard to the use of unfair means by them in the said examination. The petitioners were thereafter informed by their respective affiliated colleges of the letter dated 17.01.2015 under the hand of the Controller of Examination, University of Rajasthan that qua them the result of the entire B.Sc. Part -I has been cancelled. The reason lay in mass copying at the concerned examination centre in 3rd paper of Botany, B.Sc. Part -I found by the examiner and the Subject Expert and the Unfair Means Standing Committee's consequent recommendation of 27.12.2014 as approved by the Vice Chancellor of the University of Rajasthan. The petitioners obviously state to be surprised and taken aback by the decision dated 17.01.2015 and cancellation of their exam. They protest and state that the said decision is bad inter alia on the ground of denial of principles of natural justice, discrimination, contravention of statutory provisions dealing with cases of unfair means under the University of Rajasthan Ordinances, arbitrariness and injustice in taking action only against the petitioners and not the examination centre as also the concerned invigilators without whose cooperation mass copying as alleged could not have taken place. Equity has also been invoked as a ground to challenge the order dated 17.01.2015 for the reason that during the interregnum while the petitioners' result for B.Sc. Part -I was awaited, the petitioners were promoted to B.Sc. Part -II, paid their annual fee, studied the whole academic year, were ready to take the B.Sc. Part -II examination, and at this stage could not be required to revert to B.Sc. Part -I. It has been further submitted that from the result of B.Sc. Part -I, it is evident that the petitioners had passed in all subjects other than 3rd paper of Botany in B.Sc. Part -I in respect of which allegations have been made of mass copying. It has been submitted that the representation to the Vice Chancellor, praying for a liberal view of the matter, sent on 20.01.2015 has been of no avail and in the event the Court were not to interfere, the petitioners' legal rights would be negated and they all would loose a year being required to rewrite the B.Sc. Part -I examination.
(3.) REPLIES , opposing the petitions, have been filed. It has been submitted that as per University norms and procedures the answer -sheets of the petitioners relating to the 3rd paper of Botany in B.Sc. Part -I were sent for evaluation to an examiner on the panel of the University of Rajasthan with due secrecy. In the course of checking of the answer sheets by the concerned examiner, it transpired that all the 24 questions in 3rd paper of Botany of B.Sc. Part -I [five were objective in nature (i.e. (1) A to E), 10 were subjective in nature (i.e. (1) F to O), 5 were required to be answered in one word (i.e. (1) P to T) and 4 questions were required to be answered in short by the candidates (i.e. (1) U to X)], were oddly found to have identical answers even without a little change/variation. In the circumstances, the examiner was justified in concluding that he was faced with a case of mass copying. Consequently, vide letter dated 15.05.2014, he informed the Controller of Examination of the fact of mass copying in the 48 answer books of 3rd paper of Botany in B.Sc. Part -I and required needful action to be taken. It has been submitted that albeit on receipt of the examiner's report pertaining to mass copying as aforesaid, the University was well within its rights to proceed under Ordinance 152 of its Ordinances, yet by way of abundant caution, the answer books were sent by the University to a Subject Expert for evaluation and further validation of the conclusions of the examiner. The Subject Expert on an independent evaluation of the answer -sheets in issue also concluded that a case of mass copying was clearly made out in the 3rd paper of B.Sc. Part -I at the examination centres in issue. The report of the Subject Expert was received by the Unfair Means Standing Committee in a sealed envelope. In the circumstances, with overwhelming evidence of the mass copying in the 3rd paper of Botany in B.Sc. Part -I, to ensure that the processes of the examination were kept pure, result of the B.Sc. Part -I examination of 47 candidate out of 48 candidates in issue was recommended to be cancelled. In respect of the remainder one candidate, as he was found to have copied only 12 answers and not 24 answers (as did the other 47 did) it was directed that for him only the examination in the concerned paper be cancelled. This was the candidate with Roll No. 145627, a student of S.K.S. Girls University, Sikar. The unanimous recommendation for punishment made by the Unfair Means Standing Committee was received by the Vice Chancellor for his approval and so approved. Subsequently, the Principals of Subhash Vidya Mandir College and Swami Keswanand Arts, Science and Commerce College sought reconsideration on the quantum of punishment. The matter was then again considered by the Unfair Means Standing Committee, but in the facts obtaining was rejected. The Principals of the Colleges were accordingly informed by the University of Rajasthan vide its letter dated 13.02.2015.;