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2014 DIGILAW 154 (UTT)

BHARAT CHAUDHARY v. VICE CHANCELLOR, HNB GARHWAL UNIVERSITY

2014-04-02

ALOK SINGH

body2014
JUDGMENT Hon’ble Alok Singh, J ( Oral). Petitioner was caught using unfair means in the examination hall on 25.07.2013 when he was appearing in the sixth semester examination of BA-LLB. Report was prepared on the spot by the Invigilator and Flying Squad wherein petitioner has mentioned in his own hand writing that material collected was not of petitioner and it was laying near his chair and it was unnecessarily connected with him and attached with his answer book. 2. From the explanation furnished by the petitioner, it is, thus, apparent that at least some material was found near the chair of petitioner. Material, so collected, were pages of book, which were used for the purpose of copying. Having considered the case of the petitioner, it was decided by the Examination Controller that result of the petitioner for entire sixth semester be cancelled. Feeling aggrieved, petitioner has filed this writ petition. 3. Undisputedly, decision was taken by the Examination Controller on 24.10.2013 to cancel the result of entire sixth semester and thereafter, it was reviewed by the Committee of UFM on 28.11.2013. The Committee, having considered the entire material and having reviewed the matter, opined that decision to cancel the result of entire sixth semester is perfectly correct. 4. Learned counsel for the petitioner has vehemently argued that it is not proved by the respondents that pages of the book were brought by the petitioner in the examination hall, therefore, merely because few pages of book were found laying near the chair of the petitioner could not be made basis of passing impugned order cancelling the result of entire sixth semester. It is further argued that statements of Members of the Flying Squad were not recorded. 5. I do not agree with the submissions made by learned counsel for the petitioner for the simple reason that pages were found laying near the chair of petitioner and on comparison, same language, which was used in the pages, was found in the answer book of the petitioner, therefore, it stood proved that petitioner had copied from the pages, which were found near his chair. 6. There is another aspect of the matter that Members of the Flying Squad were not having any personal enmity with the petitioner nor it is suggested that they have any relationship with other students and in order to protect them, they falsely implicated the petitioner. 6. There is another aspect of the matter that Members of the Flying Squad were not having any personal enmity with the petitioner nor it is suggested that they have any relationship with other students and in order to protect them, they falsely implicated the petitioner. Therefore, petition fails and is hereby dismissed.