1972 (3) TMI 95 - HC - Indian Laws

Summary

Issues Involved:
1. Violation of principles of natural justice.
2. Adequacy of the material for finding the petitioner guilty.
3. Alleged discrimination in punishment.

Detailed Analysis:

1. Violation of Principles of Natural Justice:

The petitioner contended that the procedure adopted by the Examinations Committee violated the principles of natural justice. Specifically, the petitioner argued that:
- The Examinations Committee obtained his explanation through a sub-committee instead of directly.
- The report of the Spot Enquiry Sub-Committee was not disclosed to him.
- He was not given an adequate opportunity to explain his case or to show cause against the proposed punishment.

The court examined the scope and ambit of the principles of natural justice, referencing several landmark cases. It concluded that the essential principles of natural justice include:
- The person affected must be given notice of the charges.
- The person must have an opportunity to make a representation and explain the allegations.
- The authority must act without bias and in good faith.

The court found that the Examinations Committee was not required to give a personal hearing to the petitioner. The procedure adopted by the Committee, which involved informing the petitioner of the charges through a sub-committee and obtaining his explanation, was deemed sufficient. The court also held that the principles of natural justice do not necessitate furnishing a copy of the report to the candidate. The petitioner was given adequate opportunity to explain the allegations and show cause against the punishment.

2. Adequacy of the Material for Finding the Petitioner Guilty:

The petitioner argued that there was no material before the Examinations Committee to find him guilty of using unfair means, and that the decision was based on surmises and conjectures. The court referred to the case of Board of High School and Intermediate Education v. Bagleshwar Prasad, emphasizing that in cases of unfair means, the decision can be based on probabilities and circumstantial evidence.

For question No. 1 of the Science First Paper, the court noted that the petitioner had found the square root of 45.5625 as 6.75 without any rough work or calculation, which the Committee found implausible. The court held that it was reasonable for the Committee to reject the petitioner's explanation and infer that he used unfair means.

For question No. 2 of the Science Second Paper, the court observed that the petitioner's answer contained unnecessary and redundant steps that were strikingly similar to those of six other candidates. The court concluded that this material was sufficient for a reasonable body of persons to infer that the petitioner had resorted to unfair means.

3. Alleged Discrimination in Punishment:

The petitioner claimed that he was discriminated against compared to another candidate, Jai Ram Pandey, who was caught red-handed using unfair means but only had his 1971 examination cancelled. The court noted that Jai Ram Pandey was charged with bringing unauthorized material into the examination hall, which he did not use, whereas the petitioner was found guilty of actually using unfair means. The court concluded that there was no parity between the two cases and that there was no discrimination in the punishment meted out.

Conclusion:

The court found no substance in any of the submissions made on behalf of the petitioner. The petition was dismissed, and the stay order dated 11th February 1971 was discharged. There was no order as to costs.