D. Y. CHANDRACHUD, J.

( 1 ) THE Petitioner is a student of the Second Year MBBS Degree course at the Third Respondent institute. On 26th July, 2005, the petitioner appeared for the examination in the subject of pharmacology. During the course of the examination, the Petitioner was apprehended by the supervisor while using a mobile phone. The student (Seat No. 84405) sitting immediately behind the petitioner and the student (Seat No. 84404) sitting immediately in front of the Petitioner gave statements recording that the petitioner had been apprehended while using a mobile phone, at 4. 10 p. m. The Petitioner furnished a statement in his own hand writing admitting that he had been apprehended while he was in the process of using the mobile phone during the examination. The statements of the Chief Conductor / Center Incharge and center Observer were also recorded. The manner in which the petitioner was found to be using the mobile phone was described in the report of the supervisor. It was reported to the Controller of examination that the Petitioner was found to have been frequently touching his ear while writing the answer paper. Therefore, after a suspicion had arisen, a