JUDGMENT (P.B. Majmudar, J.)

1. Rule. Learned counsel appearing for respective respondents waive service of rule. With the consent of the learned counsel appearing for the parties, Rule made returnable forthwith.

2. “No mobile phone in the examination hall PLEASE “ should be the message which is required to be conveyed by the academic institutions to the students community at large. The point involved in this petition is in connection with the punishment awarded to the petitioner for taking mobile phone in the examination hall.

3. The petitioner had appeared for the First Year B.M.S. Examination held in March, 2008. At the time of appearing for “Introduction of Computers Paper” it was found that the petitioner entered the examination hall with the mobile phone in her possession. The case of the petitioner is that even though she was unintentionally carrying her mobile phone in her pocket, she immediately handed it over within ten minutes to the Supervisor and she had not taken advantage of the same in any manner and that, therefore, the penalty awarded to her by the Unfair Means Enquiry Committee of S.K. Somaiya College of Arts, Science and Commerce (hereafter “the Committee”) is n

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