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| HC upholds cancellation of answer papers | | | EARLY TIMES REPORT
Jammu, Aug 19: Justice Muzaffar Hussain Attar of J&K High Court (Jammu Wing) in a petition challenging the decision of the University regarding cancellation of all the papers of petitioners of B.SC Final under unfair means, dismissed with the observations that the petitioner himself has admitted in the petition that he inadvertently wrote part of his name on the answer script which has been detected during the evaluation process. Record reveals that during the matter was considered by the authorities at various levels including controller of Examination and it was finally decided to submit the case to the competent authority. It is an admitted fact that the petitioner was issued notice by the competent authority in which he was specifically informed that it has been noticed that answer script of Math Paper-A of the petitioner has distinctive marks of identification and he was further informed that in order to ascertain the factual position of the case h he had to at some decision by the competent authority. A meeting of the scheduled to be held on May 27, 2009 at 11:00 AM and petitioner was accordingly informed about the nature of allegations made against him and was granted opportunity to defend himself.
Vishavjeet Verma Petitioner’s defence is that he inadvertently wrote his name on the answer script and after realizing that it was wrong, he, according to his pleading made in the petition, scored-off his name. The assertions, however, is believed by the record petitioner’s name still exists on the answer script and can be seen by naked eye. Petitioner in these circumstances has committed an act which is covered by definition of use of unfair means in the examination. The competent authority having given opportunity of hearing to the petitioner cannot be said to have committed any mistake while issuing impugned notification and dismissed the petition filed by the petitioner.
In this petition Advocate Abhinav Sharma appeared for the petitioner whereas Advocate WS Nargal appeared for the University. JNF
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