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Prashant Kumar Mishra v. Registrar University Of Allahabad & Others - WRIT - C No. 64754 of 2005  RD-AH 6781 (28 March 2006)
Civil Misc. Writ Petition No. 64754 of 2005
Prashant Kumar Mishra
Registrar, University of Allahabad
Hon'ble Rakesh Tiwari, J.
On the request of the counsel for the respondents yesterday i.e. on 27.3.2006 the case was passed over as he wanted to produce the Examiner in Court for verification whether in fact the petitioner has copied question nos. 2 and 6 from the printed material which is said to have been found by the Flying squad. The order dated 27.3.2006 is as under:-
" Heard counsel for the parties and perused the record.
It appears from the form filled up by the petitioner that he has been caught by the Flying Squad though neither guide of D.Kumar, Allahabad Sure Series for B.Sc. II Botany 2005 was in his possession nor near his desk nor he has used any of the materials and has submitted that he had only gone to toilet where the aforesaid book was found by the Flying Squad and he has wrongly been implicated. The Examiner has submitted his report stating that the entire material printed of D Kumar Sure Series is related to the subject and paper.
It is not at all clear from the record produced before me in original that the petitioner had used material from the printed guide series by D. Kumar.
Sri R.B. Vidyarthi states that the Examiner will come tomorrow, though he is unable to state whether he had copied the material or not.
Put up this case tomorrow at 12.00 P.M."
It is apparent from the aforesaid order that the said printed material was not found from the person of the petitioner or from the near of the petitioner as he has denied the same. I have perused the records. The Examiner has only stated that " the entire guide is related to the subject and question papers. There is no averments by the Examiner that question nos. 2 and 6 have been copied by the petitioner from the printed material found by the Flying Squad from the person of the petitioner or from the desk of the petitioner. The said Allahabad Sure Series have not been recovered.
The Court requested the counsel for the respondents to indicate from the original records as well as from the printed material said to have been used by the petitioner as well as from the answer book produced in Court as to what material is there to establish that the petitioner has copied from the printed material. The counsel for the petitioner states that he is unable to do so and in the circumstances, the Court may pass any order.
In this view of the matter I find that there is no material on record from which it could be established that the petitioner has copied the question nos. 2 and 6 from the said printed material or used for unfair means. Merely because in the opinion of the Examiner the guide pertains to the same questions which were scheduled for that day is not sufficient to debar the petitioner for two years
For the reasons stated above, the writ petition is allowed. The impugned order is quashed.
Let a copy of this order be supplied to the counsel for the petitioner today on payment of usual charges.
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