Judgment

KULDIP SINGH, J.:- Special leave granted.

2. Harjinder Singh and Amandeep Singh, respondents in the appeal herein, were found guilty of using unfair means in B.A. (II) examination held in May, 1991 by the Guru Nanak Dev University and were debarred from appearing in any university examination for a period of two years. The respondents challenged the action of the university by way of a writ petition under Article 226/227 of the Constitution of India before Punjab and Haryana High Court at Chandigarh. The High Court by its judgment dated May 21, 1992 allowed the writ petition and quashed the orders of the university. This appeal by the Guru Nanak Dev University is against the judgment of the High Court.

3. The respondents appeared in B.A. Part-II English (C) examination on May 26, 1991 at Ramgarhia College, Phagwara Centre, in the State of Punjab. The flying squad visited the centre while the examination was going on. What the flying squad noticed in the examination centre can at best be described by quoting the report of the In charge flying squad which was sent to the university. The relevant part is as under :-

"It is submitted that I as a member of the Flying Squad visited Ramgarhia College, Phagwara on 26-5-1991. I was assigned Centres Nos. 4 & 6 of this College. Before entering the Centre No 4, when I entered this College premises, there was crowd of unwanted, hooligan students I asked the sepoy of Home Guard on duty to disperse this mob. After this, some of the students did run away, but the others continued interfering with the smooth conduct of examination in both the Centres from outside. The situation of Centre No. 4 was very deplorable. Many students possessed incriminating material and when the members of the flying squad entered the examination Hall, they started throwing away the incriminating material in between the lines of Desks. With this action, there was a complete chaos, but situation was controlled with great difficulty. After this the incriminating papers were recovered from two students bearing Rolls Nos. 51419 and 65810. Their cases were written on UMC forms No. B-2038 and B-2037 respectively.

After this, when we entered Centre No. 6, meant for private candidate we found the situation of this Centre worse. There was no control at all in this Centre. There was total chaos."

4. Apart from the report of the flying squad the university received a specific complaint accompanied by carbon copies, printed material and photo-stat copies of the hand written slips with the allegations that the candidates appearing in BA. Part-II English (C) on May 26, 1991 at Ramgarhia College, Phagwara Centre made use of the said material while giving answers to the question paper. Keeping in view the scenario depicted by the flying squad the university decided to enquire into the complaint received by it. The answer books pertaining to the above Centre were sent to the subject expert for his scrutiny and report. The subject expert confirmed the allegations contained in the complaint and found that the respondents had copied from the incriminating material. The respondents were charged for using unfair means in the examination and were given opportunity to meet the charges. The respondents were served with show cause notices and were asked to appear before the standing committee of the university to defend the charges under Ordinance 10(h) and (j) read with Ordinances 11 and 13 of the Guru Nanak Dev University Calendar Volume II(1991). Not satisfied with the replies submitted by the respondents, the standing committee of the university found the respondents guilty in its proceedings dated December 20, 1991. The relevant part of the proceedings in Amandeeps case is reproduced as under :-

"The specific allegations against the aforementioned candidate are that he copied answer to Q.Nos. III & VII from the incriminating material.

The candidate was issued show cause notice for the commission of offences under Ordinance 10(h) and (j