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2022 Supreme(Online)(Guj) 11759
HIGH COURT OF GUJARAT
BHARGAV D. KARIA, J
PRIYANKA VISHNUBHAI PRAJAPATI – Appellant
Versus
REGISTRAR, KACHCHH UNIVERSITY – Respondent
SPECIAL CIVIL APPLICATION NO. 5737 of 2022
For the Appellants/Petitioners: SAURABH Y CHANDE
For the Respondents: MR AR THACKER
The court upheld the sanction for writing on examination materials contrary to university instructions, emphasizing adherence to examination protocols.
Headnote:By this petition under Article 226 of the Constitution of India, the petitioner challenges the decision of the respondent-University to cancel the result of one subject during the examination held in July, 2021. The petitioner, studying Law at the Tolani Institute, was found to have written on the back of the question paper, leading to a show-cause notice and subsequent cancellation. The court finds no merit in the petition, stating that instructions prohibit any writing on the question paper. The petition is therefore dismissed. Notice is discharged.
| Table of Content |
|---|
| 1. challenge to cancellation of exam result. (Para 1 , 2) |
| 2. examination instruction compliance. (Para 4 , 5) |
| 3. court ruling on merit of petition. (Para 6) |
ORDER
1. Heard learned advocate Mr.Suarabh Y. Chande for the petitioner and learned advocate Mr.Shivang Thacker for learned advocate Mr.A.R.Thacker for the respondents.
2. By this petition under Article 226 of the Constitution of India , the petitioner has challenged the decision of the respondent- University to cancel the result of one subject being Paper No.CC-105 i.e. Special Contract during the examination held in July, 2021.
3.1. The brief facts of the case are that the petitioner is studying Law in the Tolani Institute of Law, Adipur pursuing the course of Bachelor of Law which is affiliated with the respondent-University.
3.2. In the month of July, 2021 exam of LLB Semester-I was conducted and the petitioner admittedly has written on the back of the question paper. The checking squad found the petitioner writing on the back of question paper and therefore, they issued the show-cause notice and conducted the inquiry and the impugned order dated 15th September, 2021 was passed.
4. Learned advocate Mr.Chande for the petitioner submitted that there is no prohibition in the instructions given to the candidate who appeared in the examination for not writing anything on the question paper.
5. Contrary to this, learned advocate Mr.Shivang Thacker for the respondent-University invited the attention of the Court to the clause (6) of the instructions given to the candidates which reads as under :
- “(6) Nothing should be written in the marks column of these books or on the question paper of blank.”
- question paper of blank.”
6. In view of the above facts, the petition is devoid of any merit and is accordingly dismissed.
Notice is discharged.
(BHARGAV D. KARIA, J) PALAK
