CiteTEXT
...prohibits the impugned executive action. If it is established that the adoption of unfair means on large scale resulted in the contamination of the entrance examination (PMT) process of successive...(Cri) 53, relied onThe following principles can be summarised relating to usage of unfair means on a large scale in an examination:...) Where there are allegations that students resorted to “unfair means on a large scale” at an examination, the Court would not insist upon registration of a formal complaint. Any reliable information suggesting the occurren...
...Committee had never afforded any opportunity to them to rebut the allegations made against them and that they were never informed about the nature of the unfair means used by them in the said exa- mination and the first thi...were entitled to an opportunity being
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afforded to them to meet the case against them of using unfair means at the examination before the appellant took action...unfair means in examination halls. Under s.7 of the Act, the Board constituted thereunder has inter alia powers to prescribe courses of instruction, to grant diplomas and certificates, to conduct...
...Means in Examination Act, 1950, P.S.Kotwali, District-Bareilly.
From the perusal of the impugned FIR, it appears that on the basis
of the allegations made therein prima facie cognizable offence....
This petition has been filed by the petitioner Somveer with a
prayer to quash the FIR in Case Crime No..1068 of 2014 under
Sections 420/34, 120 B IPC and Section 3/9 Preveniton of Unfair...is
made out. There is no ground for interfering in the FIR. Therefore,
the prayer for quashing the impugned FIR is refused.
However, considering the facts, it is directed that in case...
...Means in Examination Act, 1950, P.S.Kotwali, District-
Bareilly.
From the perusal of the impugned FIR, it appears that on the basis
of the allegations made therein prima facie cognizable....
This petition has been filed by the petitioner Somveer with a
prayer to quash the FIR in Case Crime No..1067 of 2014 under
Sections 420/34, 120 B IPC and Section 3/9 of Prevention of
Unfair...offence is
made out. There is no ground for interfering in the FIR. Therefore,
the prayer for quashing the impugned FIR is refused.
However, considering the facts, it is directed that in case...
...-judicially when exercising its power under Rule 1(1) of Chapter VI of the Regulations dealing with cases of examinees using unfair means in examination halls and the principles of natural justice which...Intermediate Education U.P Allahabad v. Ghanshyam Das Gupta AIR 1962 SC 1110. It was held in that case that an examination committee of the Board of Secondary Education in Uttar Pradesh was acting quasi...Ramaswami, J.— This appeal is brought from the order of the High Court of Madhya Pradesh dated 5th April, 1963 in Criminal Miscellaneous Case No. 135 of 1962 under Section...
...was chance of the petitioner adopting unfair means in the examination in connivance with some examiners at the time of valuation of the answer papers which were to be centrally valued at Government...Examination of 1987 conducted by the Sambalpur University with Roll No. 21779 at Rourkela Municipal College Centre. It has been reported that you adopted unfair means at the Examination in Accountancy and...for tearing up entire answer script since petitioner made an attempt to get advantage of it which amounts to unfair means in examination. Adopting unfair means in examination to ...
...:“The manner in which Regulation 32.1 has been framed leaves no doubt that the consideration of the question of students' misconduct and the use of unfair means in ...the case of a student against whom there are allegations of misconduct or of use of unfair means in an examination, has to be by all the members of the Standing Committee and not by some of them and...question of law of general importance which requires to be determined by this Court.2. The respondents to these appeals were detected in the use of unfair means by the supervisory...
...of the charge “for using unfair means at the examination” were initiated by the Result Committee of the Board. The respondent was examined by the said Committee on July 19, 1993. She admitted having kept the said papers ...awarded to the respondent. This appeal by way of a special leave is against the judgment of the High Court.3. Rule 36.1(iv)(a) of the Rules for unfair means cases framed by the Board which is relevant for ...following, he shall be deemed to have used unfair means at the examinations:(a) having in possession papers, books, notes or any other material or information relevant to the ...
...at Aligarh he sought permission of the High Court to study LLM course of the Aligarh University. He appeared for 1st semester examination in July 1980. He was found to have used unfair means in the...unfair means in the LLM examination. In the said suit the petitioner did not refer to the disciplinary proceeding initiated by the High Court for the malpractices committed by him in the ...evidence to support the conclusion that the petitioner had used unfair means in the LLM examination and the documents produced by the prosecution in support of the charge are not worthy of acceptance...
..., involved in Case Crime No.1068 of 2014, u/s420, 120-B, 34
IPC.,& 3/9 Prevention of Unfair Means in Examination Act, P.S.-Kotwali, District-Bareilly,
be released on bail on his executing a...that of the
co-accused who has already been released on bail, and therefore, on principles of parity
also the accused should be released on bail. It has also been submitted that in the wake
of...heavy pendency of cases in the Court, there is no likelihood of any early conclusion of
trial.
Learned A.G.A. has opposed the prayer for bail but has not disputed the fact of parity as
has been...
...the students who had appeared in various examinations had indulged in unfair means. In the circumstances, the results of the examination, whether of High School or Intermediate had been withheld. ...have been rendered, stand and are affirmed.9. It is another matter that the reality of the situation may be that there is a mass copying or student resort to unfair means, but this aspect is not before the Court and t.... If cheating, mass copying, and using unfair means in examination is to be taken care of, then, the time has come that the Board must...
...principles applied by this Court where an examinee is found copying or using unfair means in the examination. But in doing so the Tribunal ignored a vital distinction that there may be cases where the righ...fail to do so or indulge in disorderly or improper conduct, they will render themselves liable to expulsion from examination and/or such other punishment as the Commission may deem fit to impose...not be termed as arbitrary. Nor it was abuse of power which could be corrected by judicial review.3. Such instructions are issued to ensure fairness in the examination. In...
...:“It was was not a fact that no incident took place in the examination hall or outside as alleged. In fact, the petitioner adopted unfair means in the examination while app...assaulted Shri S.K Chakravorty, as Shri Chakravorty as an invigilator objected to his adopting unfair means in the examination on 5.5.81 The petitioner in the circumstances was given enough notice about...adopts unfair means at the examination and to debar him from appearing in future examinations; and that the petitioner has been rightly penalised for his adopting unfair means and assaulting...
...before this Court was caught using unfair means in the examination. The unfair means of examination in each case is possession of some incriminating material which was found ...address at Sainik School Ghorakhal on 27.09.2017. The show cause notice states that petitioners were caught using unfair means in examination on 10.09.2017. The petitioners have given an undertaking...to the Commission that under Rules 5 that in case they are found using any unfair means in the examination, then not only a criminal prosecution will be initiated against them but they will also be...
...before this Court was caught using unfair means in the examination. The unfair means of examination in each case is possession of some incriminating material which was found ...address at Sainik School Ghorakhal on 27.09.2017. The show cause notice states that petitioners were caught using unfair means in examination on 10.09.2017. The petitioners have given an undertaking...to the Commission that under Rules 5 that in case they are found using any unfair means in the examination, then not only a criminal prosecution will be initiated against them but they will also be...
...before this Court was caught using unfair means in the examination. The unfair means of examination in each case is possession of some incriminating material which was found ...address at Sainik School Ghorakhal on 27.09.2017. The show cause notice states that petitioners were caught using unfair means in examination on 10.09.2017. The petitioners have given an undertaking...to the Commission that under Rules 5 that in case they are found using any unfair means in the examination, then not only a criminal prosecution will be initiated against them but they will also be...
...before this Court was caught using unfair means in the examination. The unfair means of examination in each case is possession of some incriminating material which was found ...address at Sainik School Ghorakhal on 27.09.2017. The show cause notice states that petitioners were caught using unfair means in examination on 10.09.2017. The petitioners have given an undertaking...to the Commission that under Rules 5 that in case they are found using any unfair means in the examination, then not only a criminal prosecution will be initiated against them but they will also be...
...conclusion that unfair means were adopted by the petitioner in solving the aforesaid question of physics 1st paper. That finding of the screening committee was accepted by the sub-committee of the Board which was constitute..., while dealing with cases of examinees using unfair means in examination hall, acts quasi-judicially and prerogative write in the nature of certiorari can be issued by the High Court against the said...counter-affidavit that the petitioner was not caught red-handed using unfair means nor any such unauthorised material was recovered from his possession which could indicate that he had used any unfair means. It is ...
...then withheld the result of the petitioner and other candidates suspected of using unfair means and resolved that an ‘On the spot Enquiry Sub-Committee’ be set up to enquire into the matter in detail and to submit its repor...unfair means. In his case the Examinations Committee merely cancelled his 1971 examination.4. When this petition was taken up for preliminary hearing, learned counsel for the petitioner...Committee while dealing with the cases of examiners using unfair means in examination hall acts quasijudicially and the principles of natural justice apply to the proceedings before it. The question...
...their examination, admittedly, they were not caught using unfair means, neither there is any allegation against them for having been found using or attempting to use unfair means, neither there is any alle...the Subject-experts. After the Subject Expert submitted his report, the Unfair Means Committee examined the report of the Subject Expert and thereafter took action against those students, who had used unfair means ...report of the Unfair Means Committee is a very exhaustive report and that report was given after examining the recommendations made by the Subject experts. The Unfair Means Committee came to the conclusion that out...