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DB upholds University decision to cancel examination of petitioners
Use of unfair means in BE examination
8/20/2012 10:43:40 PM
Jammu, Aug 20 (JNF) : A Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Hasnain Massodi in two appeals filed by the University of Jammu against the judgment of Writ Court, has upheld the decision of University whereby University
cancelled all the papers of petitioners appearing in BE Examination. In the appeals filed by University of Jammu Sr. Adv DS Thakur submitted that the view taken by the Writ Court is not
sustainable especially when the findings have been recorded that the writ petitioners-respondents have used unfair means in the examination. According to the counse Writ Court has ignored the University Statute 4(u) read with clause (d) of Statute 5.
In fact the counsel has fairly stated that the aforesaid Statute could not be properly pleaded before the Single Judge which led to grave error in delivering the judgment and pointed out that mistake was highlighted by filing review but it did not succeed. On the other hand Sr. Adv AV Gupta has argued that one of the petitioner-respondent has re-taken the whole examination and has qualified after the punishment was imposed by the University and, therefore, one of the appeals is even otherwise infructuous. This approved for reporting judgment written by Chief Justice MM Kumar for the Division Bench observed that The menace of adopting unfair means and malpractices in the examination hall is on the rise.
A person who has committed the misconduct of getting his marks transferred from the answer sheet to the tabulation sheet by tampering with the record in connivance with the University staff has been suitably dealt with by the Statute. With these observations Division Bench allowed theappeals filed by the Jammu University and set-aside the judgment of Writ Court and the decision of the University inflicting upon the petitioner/respondent punishment of canceling all the papers of 5th and 6th examination of Bachelor of Engineering is upheld.
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