GURU NANAK DEV UNIVERSITY AND ANR. versus HARJINDER SINGH AND ANR.

GURU NANAK DEV UNIVERSITY AND ANR. versus HARJINDER SINGH AND ANR.

The charge of using unfair means is proved if evidence shows answers copied verbatim from incriminating material; non-recovery of the material from possession is inconsequential, and the university acted within its Ordinances by disqualifying respondents.

Parties
Appellant: Guru Nanak Dev University; Respondent: Harjinder Singh; Respondent: Amandeep Singh
Jurisdiction
India
Judgment Date
14 July 1994
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Unfair Means in Examination, University Ordinances, Disciplinary Proceedings
Education Law Unfair Means in Examination University Ordinances Disciplinary Proceedings

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Parties

Guru Nanak Dev University

Appellant

Harjinder Singh

Respondent

Amandeep Singh

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the respondents were rightly found guilty of using unfair means under University Ordinances.
  2. 2 Whether recovery of incriminating material from possession is necessary for proof of the charge under University rules.

Ratio Decidendi

The charge of using unfair means is proved if evidence shows answers copied verbatim from incriminating material; non-recovery of the material from possession is inconsequential, and the university acted within its Ordinances by disqualifying respondents.

Court Disposition

appeal allowed

Orders

  • Judgment of Punjab & Haryana High Court set aside.
  • Writ petition dismissed.