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2012 Supreme(Del) 2169

HIMA KOHLI
In The Matter of Syed Arshad Hussain – Appellant
Versus
Jamia Millia Islamia and Anr. – Respondent


Advocates Appeared:
Through:Mr. R.K. Saini, Advocate with Mr. Vikas Saini and Mr. Sheikh Imran Alam, Advocates, Through:Ms. Jaya Goyal, Advocate with Mr. Rohit Gandhi, Advocate

Hima Kohli, J.- (Oral)

1. The present writ petition is filed by the petitioner impugning the order dated 03.03.2011 passed by respondent No.2/Controller of Examinations, Jamia Millia Islamia University, whereby the Examination Committee constituted by respondent No.1/University decided to penalize the petitioner for indulging in use of unfair means while writing the Examination - MBA (Evening), Part-II, Paper - MBA-201 held on 18.01.2011, by cancelling all the papers of the semester/year in which the petitioner had appeared and thus declining to promote him to the next academic year.

2. The facts of the case lie in a narrow compass. It is the case of the petitioner that he had completed B.Tech. (Electrical) from respondent No.1/University and being in employment, he took admission in MBA (Evening) three year course in the year 2009. Between January-February 2011, the petitioner was to appear for the second year MBA (Evening) examination. On 18.01.2011, the petitioner appeared for the paper - MBA-201 (Part-II) examination in respect of the subject, Financial Management, which was the first paper of the said semester/year. As per the petitioner, during the course of the examination, th































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