Madhya Pradesh High Court
Aashima Goyal vs Pandit Dwarka Prasad Mishra Iiitdm ... on 10 February, 2015
W.P.NO.12126/2014
10/02//2015
In pursuance to the order passed on the last date, the
petitioner is present in person alongwith her parents. However, as
the Advocates are abstaining from work today and counsel for
the respondents is not present, further hearing in the matter
today is not possible.
The petitioner who is present in person emphasized on the following three points.
It was pointed out by her that even though she was carrying a mobile phone and the same was recovered from her during the course of examination, but no material was available in the mobile phone, which had any connection with or which could be used for the purpose of copying in the examination. She argued that mere keeping of the mobile phone without there being any material to show that the mobile phone was used for copying, the punishment imposed on her is unsustainable. She also pointed out that at the relevant time when the examination was held and when the mobile phone was seized from her, there was no specific rule brought to her prohibiting carrying mobile phone into the examination hall. She further pointed out that in case of many other students in whose cases material used for copying in the examination were seized, they were dealt with in a lenient manner and punishment as imposed in the case of the petitioner was not imposed on them, she makes a plea of discrimination on this count.
However, these points do not find place in the pleadings of the petitioner. The petitioner is directed to file an affidavit emphasizing all these points on or before 23-02-2015 and a copy of the same be supplied to the counsel for the respondent who shall be ready to argue and file counter affidavit to the same, if any on or before 09-03-2015.
List the matter on 10-03-2015 on which date the petitioner shall be personally present before this court as she wants to make her submission alongwith her counsel.
Office is directed to list the case at the top of the list and the case shall be heard at 10.30 A.M. Copy of the order be also given to the petitioner for making necessary compliance .
(RAJENDRA MENON) (C.V.SIRPURKAR)
JUDGE JUDGE
hsp