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SCA/14166/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14166 of 2010
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JALPESH
KISHORCHANDRA KALOLA - Petitioner(s)
Versus
SAURASHTRA
UNIVERSITY & 1 - Respondent(s)
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Appearance :
MRPRATIK
Y JASANI for Petitioner(s) : 1,
MR PV HATHI for Respondent(s) : 1
- 2.
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 21/01/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
writ petition has been preferred by the petitioner, a student of
M.Sc. (Botany) against the order dated 31.8.2010 passed by the
respondent – Saurashtra University whereby the petitioner is
debarred from appearing in the present examination and also one
future examination. It will be evident from the impugned order dated
31.8.2010 that a large number of students were debarred from the
present examination and future examination. In some other case, one
such student moved challenging the similar order and a Division Bench
of this Court noticed that the chits recovered from the students on
the date of the examination were not related to the subject
concerned. In most of the cases, chits were lying beneath the bench
and were recovered in presence of the students from the bench or
beneath the bench. Taking into consideration the aforesaid facts,
the Division Bench by common judgment dated 11.10.2010 passed in
Special Civil Application No. 11288 of 2010 and analogous case, set
aside that part of the impugned order dated 31.8.2010 so far as those
students were concerned as the chits do not relate to the examination
in question.
2. as
the same order was also under challenge and the petitioner alleged
the action on the part of the respondents illegal, this Court
directed the University to produce the chits alleged to have been
obtained from the petitioner. On 11.1.2011, the Court noticed that
there was no answer written in the said chit except some of the
probable questions which read as follows :-
“1. Describe
allosteric regoration. What is the difference between allosteric
inhibitor & activator.
2. What
are major functioning of carbonitrate metabolism.
3. What
is feed back inhibition. Describe with suitable example.
4. What
is genconeogenesis. add a note on it’s importance”
3. Taking
into consideration the aforesaid fact that no question-answer was
recovered from the person of the petitioner, and it is also not clear
that the probable questions were related to the subject or not, the
counsel for the University was allowed time to obtain instructions.
4. On
instructions, the counsel for the University would contend that the
chit having recovered, as per the Rules, it was open to the Committee
to pass penal order which was passed in the case of the petitioner
and others, but we are not inclined to accept such submission, as the
impugned order shows non-application of mind on the part of the
respondent which has not taken into consideration whether the chit
contained any answer to the subject concerned or any relationship
with the subject matter of which the student could have taken undue
advantage. Even if it is presumed that a chit has been recovered,
the students were asked not to come out with any other material
except pen, pencil, etc. In that case also, we find that the quantum
of punishment is disproportionate to the gravity of the allegation,
no answer sheet having recovered from the petitioner. For the
reasons aforesaid, while we set aside the impugned order dated
31.8.2010 so far as it relates to the petitioner, direct the
respondents to allow the petitioner to appear in both the 3rd
and 4th semester examinations scheduled to be held in near
future and publish the results of the same. So far as the earlier
examination is concerned as the chit alleged to have been found from
the person of the petitioner, the same shall stand cancelled.
5. The
writ petition stands disposed of with the aforesaid observations and
directions. There shall be no order as to costs.
[S.
J. MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
sundar/-
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