The independence of academic inquiry committees, adherence to natural justice principles, and the limitation of the court's jurisdiction in adjudicating disputed questions of fact in academic matters.

Riyaz I. Chagla J.

1. The Petitioner is a student of the 1st years B.M.S. studying in the Respondent No.1 college. Respondent No.2 is Principal of the Respondent college. Respondent No.3 is the Convener of the Unfair Means Inquiry Committee of the college and Respondent No.4 is University of Mumbai.

2. The Petitioner by the present Petition is challenging the show cause notice dated 20th April 2017 and the impugned order dated 16th May 2017 passed by Respondents Nos. 1 to 3. By the said impugned order, the performance of the Petitioner in the F.Y. B.M.S. Semester – II examination held in April 2017 has been treated as null and void. The Petitioner has been granted opportunity of appearing for the ATKT examination of F.Y.B.M.S. (Theory) in all the courses in Semester – II, which will be held in October/ November 2018. The Unfair Means Inquiry Committee on the basis of information available on record and after hearing the Petitioner had concluded that the Petitioner was guilty of “smuggling out and smuggling in of answer book as copying material” and had recommended the above action which was approved by the Principal. The Petitioner has by the present Petition sought the quashing and setting aside of the show cause notice and impugned order as well as consequential reliefs thereof.

3. Shri Bhosale, learned counsel for the Petitioner began his argument by contending that the Petitioner is academically an excellent student and has relied on her mark sheet issued by Respondent No.1 in support thereof. Shri Bhosale has contended that the show cause notice is vague and in violation of the principles of the natural justice. Shri Bhosale has contended that the Petitioner was not granted an opportunity of meeting the charges which have been found against her and the only mention in the show cause notice is of “possessing a college supplement of the stamp of the previous day i.e. 19th April 2017 and all the written notes of the paper on 20th April 2017, i.e. Business Communication”. Shri Bhosale has further contended that the impugned order has also failed to give reasons and has only referred to the finding of the Unfair Means Inquiry Committee which has held the Petitioner guilty of smuggling out and smuggling in of answer book as copying material and has gone to the extent of holding that the Petitioner's performance in all courses at the examination held in April 2017 to be treated as null and void. Shri Bhosale has submitted that the Petitioner was singled out by the Supervisor during the examination on three successive dates i.e. 18th 19th and 20th April 2017. The Petitioner had in fact been provided the supplementary answer sheets by the supervisor on 20th April 2017 and the supervisor had initially refused to give her the supplementary sheets but later provided her with the same and the supplementary sheets had been presigned. According to the Petitioner, the supplementary papers were not available in the classroom and were called for by the supervisor from outside. The Petitioner has in her reply to the Principal brought out these facts and has submitted that the supervisor had after providing the supplementary sheets to the Petitioner questioned the authenticity of the supplementary sheets that he himself had provided. The supervisor confiscated the supplementary sheets and the faculty members of Respondent No.1 were informed and in turn the faculty member, Mr. Conrad called the Petitioner to the staff room. The Petitioner had to leave the examination hall in the midst examination going on. The Petitioner has alleged that the staff members and faculty of Respondent No.1 included the Vice President had surrounded the Petitioner and the Petitioner was allowed to complete examination only after she accepted the version of events stated by the supervisor and signed the show cause notice as well as the pages of the question paper and pages of the main answer sheet as well as the supplementary sheets being used by the Petitio