AIR 2017 RAJASTHAN 1 ::(2017) 1 WLC(RAJ) 272 ::(2016) 4 Raj LW 2753

Rajasthan High Court

Hon'ble Judge(s): P. K. Lohra , J

(A) Constitution of India , Art.226, Art.20(2)— Examination of MBBS Course - Use of unfair means by student - Imposition of punishment of cancellation of present examination and debarment of student for one subsequent examination - Plea of double jeopardy - Not tenable because student has been penalized only once by imposing two punishments by virtue of discretion given to university in terms of Ordinance 152 - And student has not been vexed twice by University on same set of facts. Doctrines - 'Nemo debet bis vexari pro eadem causa' - Means no person should be twice vexed for same offence - Discussed.(Para7-8) (Para 7-8) (B) Constitution of India , Art.226— Examination of MBBS Course - Use of unfair means in examination - Cancellation of present examination and debarment of student for one subsequent examination - Not harsh - Well within discretion given to Syndicate of University to impose one or more punishment, provided under Ordinance 152. (Para 6) (C) Constitution of India , Art.20(2)— Double jeopardy - 'Prosecuted and Punished' - Use of word 'and' - Is in conjunctive and not in disconjunctive sense - Both factors must co-exist in order to invoke operation of ....