The Executive Council of Nagpur University had the power to cancel examinations under Clause (xxix) of sub-section (1) of Section 20 of the Nagpur University Act, 1963, which empowered the Council to exercise all powers of the University not otherwise provided for in the Act or the Statutes.

JUDGMENT - Chandurkar, J.

1. This petition filed by some students challenging the decision of the Executive Council of the Nagpur University cancelling certain examinations has brought to light the enormous proportions I which the malady of mass copying has seriously affected the recent examinations held by the Nagpur University and the failure of University Authorities to conduct the examination held by it in an atmosphere which is normally necessary to enable the examinees to put in their performance on the basis of which their academic standards could be judged. The undergraduate examinations for several courses were held by the University from 30th March to 6th May 1972 and the post graduate examinations were held from 11th April to 29th April, 1972. These examinations were held at several centres. The petition is concerned with the examinations which took place at the St.Francis de Sales College Centre. Hislop College Centre Nagpur Mahavidyalaya Center. Dr. Ambedkar College Centre G.S.College of Commerce Centre and the University Library Building Centre. The petitioners Nos. 1 and 2 had appeared at the B.Sc. Part 1 Examination at the petitioner No.3 was a candidate for the M.A. Part II Examination in Public Administration which was held at the University Library Building Centre; the petitioner No. 4 appeared at the B.Sc. Final Examination held at the Hislop College Centre; and the petitioner No.5 appeared at the M.A. Part I Examination in Economics at the Nagpur Mahavidyalaya Centre. The petitioners Nos. 6 and 7 admittedly did not appear for any examination. The petitioner No.6 claims to be the President of the Youth Welfare Organisation at Nagpur and the petitioner No. 7 claims to be the Secretary of the University Students Union at Nagpur. It was not disputed before us that since none of these last two petitioners had appeared at any examination, they could not validly make any grievance against any decision of the University cancelling any examination.

2. It is now necessary to refer to the action of the Executive Council of the Nagpur University which is challenged in this petition. It appears that the University Authorities had taken the view that the examinations held at several Centres were vitiated as a result of copying on a mass scale resorted to by the examinees and therefore an Enquiry Committee consisting of three members of the Executive Council to go into this question was appointed by the Vice-Chancellor of the University. This Committee went into the reports of the several examiners the different officers-in-charge of the centres where the examinations were conducted, and the reports of the invigilators about the manner in which the examinations were conducted or the way in which the students behaved at different centres. This was the main material apart from the fact that information from independent sources was also sought to be made use of on which it appears that the Committee came to certain conclusions. The report of the Committee to which we shall make reference later was placed before the Executive Council at its meeting held on 24th May 1972. On considering the report of the Committee as also other data such as the results of the various examination centres and the reports of the valuers/examiners in different subjects and also the reports of the officers-in-charge of the various examination centres. the Executive Council came to a considered conclusion that unfair means and copying on a mass scale were adopted at some written (theory) examinations held at some centres and that the conduct of the examinations at these centres was not normal. The centres and the examinations in respect of which this decision was arrived at by the Executive Council were as follows :

Centre. Examinations :

1. Hislop College (i) First B.Sc.

(ii) Final B.Sc.

(iii) Final B.A.

(iv) B.Com. Part III

2. Dr.Ambedkar College of Arts. Commerce and Science (i) First B.Sc.

(ii) Final B.Sc.

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