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2019 DIGILAW 2206 (RAJ)

Vijendra Singh v. Rajasthan University of Health Sciences

2019-08-19

DINESH MEHTA

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JUDGMENT : Dinesh Mehta, J. 1. By way of these writ petitions, the petitioners have challenged the impugned communication dated 18.06.2019, vide which the respondent-University (Rajasthan University of Health Sciences) has cancelled the petitioners' result of all subjects of B.Sc. Nursing Part-II (Main) Examination Nov., 2018. The action has been taken on the ground of mass copying at Center No. 4503 namely; Shri Bapuji College of Nursing, Ladnu, Nagaur. 2. Mr. Jain and Mr. Sandhu, learned counsel appearing for the petitioners contended that initially the inquiry was initiated against 12 students of Shri Bapuji College of Nursing, Ladnu and 7 students of Sufiya College of Nursing, Shiv Badi, Station Road, Nagaur, in pursuance of two letters/complaints sent by two Examiners namely Shri Alok Ravat and Shri Devendra Singh Yadav. 3. It was asserted that not only notices were issued to those 19 students, even their results were withheld, whereas petitioners' results were announced on 29.05.2019 and they were declared successful. After successfully passing the Second Year of B.Sc. Nursing, they got admission in B.Sc. Nursing Part-III in their respective colleges and were pursuing their further course, when suddenly out of the blue, they came to receive an order dated 18.06.2019, whereby petitioners' result has been cancelled, for which neither any notice was issued nor the role has been pointed out. It was further contended that the petitioners were never put to any notice and they have been roped in simply on conjectures and surmises. There is no incriminating evidence against the petitioners warranting cancellation of the entire result, vehemently argued learned counsel. 4. Mr. Hemant Jain, learned counsel for the respondents submitted that the case at hands is a classic case of mass copying at one particular center - Shri Bapuji College of Nursing, Ladnu, Nagaur, where 58 students took the examination. It was with the connivance of the center that the petitioners could indulge in mass copying by helping each other and/or with the help of some third person. 5. He bewilderly apprised that answers to questions given by all the students/candidates were identical, rather ad verbatim. He placed for perusal of the Court all the answer scripts and requested the Court to go through the same, so as to be satisfied that the students were involved in mass copying. 6. 5. He bewilderly apprised that answers to questions given by all the students/candidates were identical, rather ad verbatim. He placed for perusal of the Court all the answer scripts and requested the Court to go through the same, so as to be satisfied that the students were involved in mass copying. 6. This Court glanced over some of the answer scripts placed for perusal of the Court, only to find that there is substance, in University's allegations and what has been stated by Mr. Hemant Jain. 7. Indisputably petitioners' result of all subjects have been cancelled and they have been required to reappear in the second year, all over again, without even putting them to any notice; they were not even informed of the allegations against them. If 19 students were heard, why these petitioners have been condemned unheard? The impugned order passed against them is, therefore, clearly violative of principles of natural justice. The order under challenge deserves to be quashed and set aside on this count alone. 8. In view of the aforesaid, the impugned communication dated 18.06.2019 cancelling the petitioners' result for B.Sc. Nursing Part-II (Main) Exam, 2018 is quashed and set aside. 9. The writ petitions are allowed. 10. The respondent-University shall issue notice to all the petitioners by uploading the notice on the website of University. A notice shall also be affixed on the notice board and website of Shri Bapuji College of Nursing, Ladnu, Nagaur and Sufiya College of Nursing, Nagaur, indicating the names of the students, against whom the University proposes to proceed, setting out the reasons and proposed punishment. This exercise be done on or before 26.08.2019. 11. The University may take its own time in enquiry, hence, in order to safeguard the interest and to ensure that sword of damocles does not keep hanging over the petitioners, it is deemed appropriate and hence ordered that the petitioners may move appropriate application for obtaining copies of their answer book(s) of subject code-5250 Communication and Educational Technology for B.Sc. Nursing Part-II (Main) Examination, 2018 and other answer books if they so wish. The application(s) for obtaining certified copy of the answer scripts (if desired) be filed by 15.09.2019, as per the rules in this regard. 12. The petitioners can file their representation/reply by 30.09.2019. 13. Nursing Part-II (Main) Examination, 2018 and other answer books if they so wish. The application(s) for obtaining certified copy of the answer scripts (if desired) be filed by 15.09.2019, as per the rules in this regard. 12. The petitioners can file their representation/reply by 30.09.2019. 13. Needless to observe that the respondents shall adhere to the procedure provided under Ordinance 152 of the University Ordinance and provide reasonable opportunity of hearing to the petitioners and provide copies of their answer scripts or other informations sought, without any delay. 14. After issuance/publication of the notice, if any of the petitioners fail to file their response/reply by 30.09.2019, the University shall be free to proceed in accordance with law. 15. Pending stay applications in the respective writ petitions also stand disposed of.