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TMI Blog1993 (10) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... ee small pieces of paper kept in the pencil box. The matter was reported to the Central Surerintendent. Proceedings in respect of the charge for using unfair means at the examination were initiated by the Result Committee of the Board. The respondent was examined by the said Committee on July 19, 1993. She admitted having kept the said papers in the pencil box but she stated that she had not used the same while answering the question paper. According to her she arrived at the examination hall late - due to car puncture on the way - and, as such, was utterly confused and panicky and in that mental state she forgot to takeout the papers from the pencil-box before entering the examination hall. The Deputy Superintendent of the Examination ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r means. It is no doubt true that the said provisions raise presumption that the candidate is guilty of using unfair means if, inter- alia, written material is found on the person in the examination. But this is a rebuttable resumption and it can be seen whether in fact (he material was not used.... We find here in this case that the result committee, having come to a positive finding that the petitioner had not copied despite having written material on her person, ought not to have imposed any penalty. Having come to the conclusion, on facts, that the petitioner had not copied, the question of imposing and penalty merely on the presumption of some written notes being found with the candidate, could not be arrived at, on the facts and ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... andidate having not used the material - in spite of the opportunity available to her - the possession alone would not attract the provisions of the Rule, in our view, is not borne out from the plain language of the Rule. May be, because of strict vigilance in the examination hall the candidate was not in a position to take out the papers from the pencil box and use the same. The very fact that the took the papers relevant to the examination in the paper concerned and was found to be in possession of the same by the invigilator in the examination hall is sufficient to prove the charge of using unfair means by her in the examination under the Rule. 6. We allow the appeal, set aside the judgment of the High Court dated August 23, 1993. and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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