It is very urgent...............
VISHAL
(Querist) 15 March 2013
This query is : Resolved
Give me suggetion in this matter. CAN I FILE A CASE AGAINST UNIVERSITY FOR SOME RELIEF?
1. one of student ws in 3rd year of LLB. On his sem-5 exam of llb, held in december 2012 paper of Inerpretation of Statute, by mistake he took his answersheet without submitting to superwiser out of exam premises due to illness, it ws unintetional act done by him due to sleep deprevation and anexity. He didnot open his bag after cuming home from exam that day and took rest at home.
2. On nxt day in early morning he came to know that answersheet in his bag, at that tym he went to center and submitted that answersheet honestly.
3. At end of December month he called by UNFAIR MEANS COMMITEE (UFC) by SHOW CAUSE NOTICE.
He attended that meeting and admitted the mistake done by him. he had not done any kind of addition as well as alteration in that answersheet. After heard by UFC they took very harsh decesion under ORDINANCE 5050 of MUMBAI UNIVERSITY RULES, as they took decison as follws:
"performance of sem-5 null and void, Rs. 300 fine as well as they debarred that student for for one year, and unfortunatly he'll give his sem-5 and sem-6 in April 2014."
4. He submitted in his defence his SSC, HSC, TYB.COM certificates as he hold FIRST CLASS in all this acdemaic year and he has not a single ATKT in his previous sem-1 to sem 4 of LLB. As this is question of his carrier.
PLEASE HELP ME TO SUGGEST THAT STUDENT THAT , CAN HE FILE A WRIT PETITION AGAINST MUMBAI UNIVERSITY FOR SOME RELIEF?
PLEASE SUGGEST AS SOON AS POSSIBLE, IT WILL BE VERY HELPFUL FOR ME......
Raj Kumar Makkad
(Expert) 15 March 2013
Even if the writ petition is filed in the given case, it shall take more than a year to decide and meanwhile he shall remain disturbed in the litigation and no one can expect favourable relief thereto as the offence is really very very serious especially in the case of a law student appearing for 5th samester.
Anyway, I am of the opinion that the writ shall become a futile exercise. In my opinion, even though as per facts told by you the intention of the student was not bad but who can and how can and why should one belie upon such clarification. What is the parameter to judge the intention and whether one can be permitted to bring the answer-sheet to his home without depositing it to the examination supervisor even if he has good intention.
The clarification itself is self contradictory so wait for one more year to appear in the examination.
VISHAL
(Querist) 15 March 2013
Mr.Raj makkad :- on basis of priciple of natural justice and previous record OF student as well as the content in answersheet they will come to know the difference between "copied answers" and "answer written in an exam".
IS IT POSSIBLE TO SEARCH THAT DIFFERENCE?
Raj Kumar Makkad
(Expert) 21 March 2013
Previous record of the student has nothing to do with the offence under discussion. Answer sheet was brought outside is automatically very serious matter so why to match the amswer-sheet with the standard replies?
