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