February 21, 2021 3:01:57 am
The Punjab and Haryana High Court has dismissed the plea of a Panjab University (PU) law student debarred from appearing in examination for a period of two years after she was booked for using unfair means while taking her exam.
The petitioner is doing three-year LLB course at Panjab University Regional Centre, Sri Muktsar Sahib. She submitted that while she was taking ‘Family Law’ examination on December 16, 2019, some handwritten slips were recovered from her pocket during random checking.
A case was lodged for use of unfair means in the examination against her. After inquiry, she was disqualified from appearing in any university examination for a period of two years from December 2019 to May 2021.
The petitioner’s counsel contended that she was suffering from fever and body ache and she came to Chandigarh a day before her examination for treatment. She travelled from Chandigarh to Sri Muktsar Sahib in the early hours. She was carrying her notes in her pocket which she forgot to take out before entering the examination centre.
It was also contended that she is a meritorious student and she has been regularly attending online classes of third semester. Therefore, she should be permitted to take her examination.
After hearing the arguments, the Bench of Justice Lisa Gill held, “The incident in question is duly admitted as is the recovery of some handwritten notes. It is relevant to note that there is no such prescription slip to show that the petitioner was unwell on the said day.
There is no such detail pleaded to have been placed before the authorities and neither is there any such document attached with the writ petition. Further, there is no material on record to show that the petitioner was forced to sign/write anything on blank papers on 16.12.2019 as (is) alleged in the writ petition. No representation or objection was ever raised by the petitioner before the authorities at that time or immediately thereafter.”
The Bench noted that in the minutes of the meeting of UMC Standing Committee-II held on October 16, 2020, the Assistant Superintendent, Deputy Superintendent and Centre Superintendent certified the detection and that the petitioner had admitted her mistake of possessing incriminating material.
No mala fide has been alleged against any of the said officials, who had no axe to grind against the petitioner. Moreover, the petitioner copied Section 9 at page number 20 of the answer sheet from the handwritten slip number 8, observed Justice Gill.
Counsel for PU Indresh Goyal apprised the Bench that in case the petitioner complies with rules and regulations, she would be promoted to the fourth semester as well and she would be at liberty to take all examinations together when the ban comes to an end.
The HC thus dismissed the student’s plea.
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