TMI Blog1992 (7) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... of the first respondent who interchanged his roll number 533276 with that of another student (K.R. Gandhi) whose roll number was 533275. It was stated that during the academic year 1986-87 to 1989-90 in regard to semester examinations III and IV, V and VI, the first respondent and the said Gandhi used to be seated one behind the other in the examination hall. In view of the good academic record of said Gandhi who used to answer better than the first respondent, he was systematically interchanging his roll number with that of Gandhi on the answer books in some of the subjects in all the four semester examinations. This resulted in first respondent passing all the concerned examinations with good marks in those subjects whenever the roll numb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and pass in all the subjects pertaining to Semester III to Semester VIII following the prevailing University regulations, and (c) He should pass all examinations to receive the Degree on or before April, 1997. 5. These recommendations were approved by the University. The first respondent was served with a copy of the order dated 4.4.91 incorporating the above punishment. That was challenged in writ petition before the learned Single Judge in the High Court of Madras. The learned Single Judge was of the view that the admission of malpractice stated to have been made by the first respondent was unbelievable. The charge itself was vague. The decision arrived at by the University authority could not stand the scrutiny of law; there was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ensuing semester, afresh. Hence, the period of debarment may be reduced. The future of the student may be safeguarded. Pending these legal proceedings, he had taken subsequent semester examinations, the results of which have been withheld. They may be declared on the basis of the respective performance. 9. The learned Attorney General is agreeable to the course proposed to the first respondent in relation to the reduction of the period of debarment. However, he would say that the other conditions imposed in the impugned memorandum dated 4.4.91 must remain. 10. We have given our careful consideration to the above submissions. One thing must be put beyond doubt, in matters of enforcement of discipline this Court must be very slow in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the first respondent admitting his mistake and giving a statement to this effect. We also find that there is no question of violation of principles of natural justice. The first respondent knew the charges fully and he had admitted his guilt. That is why we are constrained to point out the technicalities of law should not be imported to further the cause of a student who had indulged in malpractice. Even if others are in complicity with the perpetration of fraud, that does not mean the first respondent is absolved of his guilt. Thus, we are unable to agree with the findings of the High Court which are hereby set aside. 12. We may also add that when the University wants to take action, certainly the blame cannot be laid at the doors o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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