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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.)