AIR 1991 KARNATAKA 169

Karnataka High Court

Hon'ble Judge(s): N. Y. Hanumanthappa , J

Karnataka State Universities Act (28 of 1976) , S.62— Powers of Syndicate to debar students involved in malpractice - There being no guidelines, punishment should not be deterrent one - Malpractice during third Semester B.E. Examination proved - High Court reduced punishment of debarring students for ten semesters to four semesters. Constitution of India , Art.14, Art.226— Education - Examination - Malpractice - Punishment of debarring student. While imposing punishment the authorities, who have got powers to impose punishment, shall see that always punishment shall not be deterrent one. It shall not be purely in the nature of punitive one but the punishment shall also be in the nature of reformative one. In such matters the power to punish and reformative approach shall go hand in hand, so that the students now who have been held guilty shall not be frustrated and become anti social.(Para 9) On the material made available there was no other go but to arrive at a conclusion that the two writ petitioners had involved in malpractice of inserting drawing sheet by getting the printed matter xeroxed, or of inserting the answer script which had not been issued by the University for writing the third semester B.E. Examination. But, it was not those two petitioners alone who were involved; like them, there were 59 others....