( 1 ) THIS Letters Patent Appeal is directed against the judgment and order dated 5th July 1996 of the learned single Judge dismissing Special Civil application No. 8945 of 1995 which was filed by the appellant-student challenging the order of penalty passed by the respondent-Saurashtra University in respect of the misconduct committed at the T. Y. B. Com. examination.

( 2 ) ON 8th April 1995, the T. Y. B. Com. examination in the subject of Statistics was held. The appellant was one of the students who appeared at the said examination from Porbandar Centre. University Observer Mrs. N. K. Trivedi sent by the respondent-University submitted report dated 8th April 1995 pointing out that certain students at the above examination centre had collected their answer books from the Supervisor, but at the time of checking, the students themselves were not found to be present in the examination hall nor had they returned the answer books to the Supervisor. The Observer had, therefore, instructed the Supervisor to mark "absent" against the seat numbers of the concerned students and thereafter she had put her initials against such entries in the stationery report. She further stat