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19.01.17
33 Ct. No.29
Sws.M
W.P. 30386(W) of 2016
[Shibly Mumtaz vs. University of Calcutta & Ors.]
Mr. Samim Ahammed
Mr. Arka Maiti
…. For the petitioner
Ms. Sampa Sarkar
…for the University
Mr. Samim Ahammed, learned counsel appears on
behalf of the petitioner and submits that the punishment of
cancellation of the entire B.Com, part – III, (Honours)
Examination, 2016 of the petitioner is disproportionate.
Taking this Court to the record of the proceeding drawn up
by the respondent/ Calcutta University against the
petitioner, Mr. Ahammed points out that the petitioner
admitted to possession of a mobile phone in the
examination hall while appearing in her paper for Indian
Financial System & Financial Marketing Operation.
However, Sri Ahammed further submits from the record
that no charge of copying against the petitioner could be
established.
Appearing on behalf of the respondent/University,
Ms. Shampa Sarkar, learned counsel submits that under
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the disciplinary regulations of the University even carrying
of a mobile phone within the examination (reference:
Clause 15 thereof) entails the punishment of cancellation of
the concerned paper or cancellation of the entire
examination depending upon the measure of the offence.
Ms. Sarkar points out that admittedly the petitioner was
found to be carrying a mobile phone in her possession
which was in a switched-on mode.
Having heard the parties and considering the
materials placed, this Court is satisfied from the record
that the petitioner has been visited with a disproportionate
punishment inasmuch as although she admits to have
carried a mobile phone by mistake into the examination
hall, no charge of copying could be established.
Accordingly, the matter is remanded to the appropriate
Disciplinary Authority of the respondent/University to take
a decision afresh in the light of the above observations.
The order impugned of cancellation of the
examination of the petitioner stands accordingly set aside.
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W.P. 30386(W) of 2016 stands accordingly
disposed without calling for affidavits.
Urgent certified photocopy of this order, if applied
for, will be made available to the parties subject to
compliance with all requisite formalities.
(Subrata Talukdar, J.)
