The punishment for using unfair means in an examination should be proportionate to the misconduct alleged against the student.

1. 1. In this writ petition petitioner Ajay Singh has prayed for issuance of a writ, order or direction to quash the impugned order of punishment dated 2nd July, 1987 (Annex. 4), passed by respondent No. 1. The petitioner has sought further direction that the examination of the petitioner of 2nd semester be restored and the result of the entire examination of 2nd semester be declared and he be allowed to get admission and study in the next semester of the course i.e., 3rd semester.

2. Briefly stated the facts of the case are that the petitioner after passing his Higher Secondary Examination took admission in the Government Polytechnic College, Ajmer for doing diploma course in the held of electrical engineering. The diploma course of technical education in electrical engineering is of three years' duration only. There are six semesters. The whole course of the study is divided and distributed in six semesters. A student is required to qualify all the subjects elected in one semester. It is on passing of the subjects of one semester a student can get admission in the next one.

3. The petitioner took admission in the three-year diploma course in the month of June-July, 1986 and successfully passed the examination of the first semester and after passing the examination of the first semester he took admission in second semester. After completion of the session of 2nd semester, the examinations of 2nd semester were conducted by the Board of Technical Education, Jodhpur. The petitioner appeared in the examination. It is alleged that when the petitioner was attempting the question paper on 8th May, 1987, the invigilator came to the petitioner with a small piece of paper which was tiled with cuttings on both the sides. The invigilator alleged that the paper belonged to the petitioner. A complaint was made to the Central Superintendent Examination. The petitioner submitted before the Central Superintendent that the alleged paper did not being to him. The petitioner was asked to fill up the form. It is alleged that the form was forcibly got filled up. In the form certain queries were raised and their answers were recorded. Signatures of the petitioner were also obtained on the form. Allegations against the petitioner were that he used unfair means in the examination. The petitioner thereafter supplied with a new answer book and he was allowed to appear.

4. A show cause notice was given to the petitioner vide letter dated 26th May, 1987, by which the explanation from the petitioner was sought. In the show cause notice the allegations were that on 8th May, 1997, he had used unfair means in the examination of the subject of Social Science, the Code No. of which was 216. It was pointed out that the conduct to use unfair means is punishable under Rule 2 of the Punishment Schedule of the Board. it was also explained to the petitioner that he may either explain the allegations in writing or may appear to explain the same in person. The petitioner submitted his explanation by both ways. The petitioner also submitted his explanation personally on 10th June, 1987, in the office of respondent No. 1. The petitioner was punished by order dated 22nd July, 1987 according to category 2 of the punishment schedule The petitioner's whole examination of the 2nd semester, which included theory papers and practicals both were cancelled and he was debarred from appearing in the examination which would be held in November, 1981. The petitioner was further restrained to study in any institutions The petitioner assailed the order of punishment in this petition on various grounds.

5. The principal ground of attract is that the petitioner was not afforded ample opportunity to defend himself. Neither the statement of the petitioner was recorded nor an enquiry was made in the matter of the allegations against him.

6. In the report filed by the non-petitioners, it is pointed out that the petitioner was given a show cause notice. In reply to the show cause notice,