Kurukshetra University and Another vs Shailender Dhawan

Ashok Bhan, J.—This letters patent appeal has been filed by Kurukshetra University against the order of learned single Judge whereby the order disqualifying the Respondent Petitioner by the University has been quashed.

Respondent-Petitioner was admitted in the Regional Engineering College, Kurukshetra, for the course of B. Sc. (Mechanical) in the year 1988. While appearing in second semester in Math Paper-II on 13th May, 1989, Respondent-Petitioner was involved in unfair means case. He was called by the Unfair Means Committee of the University for appearing before it in order to explain the position. The allegations against the Respondent-Petitioner was that some incriminating material was found written on the question paper which was supplied to him in the examination hall. He was found guilty of using unfair means by the Unfair Means Committee and,-vide impugned order dated 14th December, 1989, he was disqualified from passing the aforesaid examination and appearing in the said examination till May/June, 1990. Petitioner successfully impugned the order by which he was disqualified and the learned single Judge quashed the impugned order being arbitrary and based on no evidence and directed the University to declare the result of second semester examination of the Respondent-Petitioner.

In case he was declared successful then the University was directed to permit the Respondent-Petitioner to attend the sixth semster class and on the basis of that admission also allowed him to appear in the next examination. Kurukshetra University, has come up in appeal.

The only incriminating material found from the possession of the Petitioner in the examination hall was some matter written by him on the question paper of the subject in which the Petitioner was appearing on the date of examination. No other material was found from his possession. The 4th page of the question paper supplied to the Respondent-Petitioner was blank and he had done some rough work on the blank page of the question paper regarding one of the questions which was to be attempted on the answer-sheet later on. Writing on the back of the question paper was in the hand of the Respondent-Petitioner himself. Learned single Judge had gone through the entire record of the University and we have also gone through the entire record which has been placed before us by the learned Counsel appearing for the University. There is no allegation against the Petitioner that he got some outside help or smuggled some material which could be of use to him while attempting the question paper. Respondent-Petitioner could not be held guilty of using the unfair means only on the ground that he had done some rough work on the blank space of the question paper supplied to him at the examination centre while sitting in the examination hall. There is no evidence on the record worth the name to sustain the order of disqualification passed by the University.

Accordingly, we concur with the findings of the learned Single Judge and uphold the judgment passed by him. Consequently, this appeal fails and is dismissed with no order as to costs.