RAMA JOIS, J. ( 1 ) THESE appeals are presented by the Bangalore university, against the order of the learned single Judge quashing the order passed against respondents-1 to 25 by which the performance of each of them in the february-March, 1989 B. E. degree examination was cancelled. ( 2 ) THE facts of the case in brief are these: on 13-3-1989 students of B. M. S. Engineering college, Bangalore, were answering the question papers on the subject called hydrology and Irrigation, in Room No. 111 of the College. The examination commenced from 2. 00 P. M. It appears, that when the examination was going on, a Vigilance Flying squad appointed by the University to check the menace of mass malpractice, at all the examinations of the University, made a surprise entry into the aforesaid examination room at about 3. 30 p. m. The Squad gave a report of the same date to the University Registrar (Evaluation), giving the names of the students who according to the squad were found indulging in examination malpractice. On the basis of the said report, charges were framed against each of the respondents, alleging that they had indulged in malpractice. The article of the charge also stated that the charge was supported by the document viz. , report of the Squad and each of the candidates was called upon to file statement of defence. Thereafter, they were called upon to appear before the Enquiry Committee. The enquiry committee appears to have put some questions to each of the students. The questions and answers which are stereo typed are as below: -"que: Have you received the article of charge? ans: Yes. Que: Have you gone through it? ans: Yes. Que: Do you admit the charge or deny the same? ans: I deny the charge. "the Enquiry Committee submitted its report holding that 28 of the 38 students to whom articles of charges were served were guilty of malpractices. Accepting the report of the enquiry Committee, the Vice-Chancellor in purported exercise of his powers under Section 12 (5) of the Karnataka State Universities act, 1976 (the Act for short) passed the following order: "sub:- Alleged Malpractice case of IV year B. E. Examination held on 13-3-1989.
Accepting the report of the enquiry Committee, the Vice-Chancellor in purported exercise of his powers under Section 12 (5) of the Karnataka State Universities act, 1976 (the Act for short) passed the following order: "sub:- Alleged Malpractice case of IV year B. E. Examination held on 13-3-1989. On accepting the findings and recommendations of the Malpractice enquiry Committee by the Vice-Chancellor on behalf of the Syndicate under Section 12 (5) of the K. S. U. Act, 1976, the following students who were reported for alleged malpractice during the IV Year B. E. Examination held on 13-3-1989 are denied the benefit of performance of all papers (Theory and practical) for which they had appeared during February/march, 1989 examination.