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2007 Supreme(Bom) 1396

D.Y.CHANDRACHUD, SWATANTER KUMAR
Karishma Ramesh Pandey – Appellant
Versus
University of Mumbai – Respondent


Advocates:
Advocate Appeared
Mr. D.H. Mehta i/b M/s. D.M. Legal Associates for the Petitioner.
Mr. Anirudha Joshi i/b Mr. T.S. Patwardhan for Respondent Nos.2
and 3.

JUDGMENT (Per Dr. D.Y. Chandrachud, J.)

1. The Petitioner is a student of the Second Year of the B.Com. degree course at the Third Respondent - M. L. Dhanukar College of Commerce which is managed and conducted by the Second Respondent. The issue before the Court in these proceedings relates to the validity of a decision taken by the authorities in the college to declare the performance of the Petitioner for the second term examination held in March 2007 as null and void. Consequent thereupon the Petitioner has been permitted to appear for the Second Year B.Com. examination to be held in October, 2007 or thereafter.

2. On 5th March, 2007 the Petitioner appeared for the examination in the subject of Economics – II. A Junior Supervisor found that the Petitioner was copying from written material which had been written on her desk. Upon being confronted by the Junior Supervisor the Petitioner, it is alleged sought to strike out some of the answers written by her in the answer book in such a manner that deciphering what she had written would become almost impossible. According to the authorities, this attempt at destroying the evidence of having copied at the examinati
















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