C.W.P.No.914 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.914 of 2010 Date of Order: 12.03.2010 Rinki Gupta ....Petitioner Versus Kurukshetra University, Kurukshetra and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Jagdep S.Virk,Advocate for the petitioner. Mr. R.S.Rana, Advocate for respondents No.1 and 2. Mr. Rajdeep Singh, Advocate for respondents no.3, 4 and 6 RAJIVE BHALLA, J (Oral). The petitioner prays for issuance of a writ in the nature of mandamus to direct respondents no.1 to 3 to decide her representation dated 09.01.2010 or in the alternative direct the respondents to conduct a special examination in the subject Managerial Economics of the 1st Semester of Master in Commerce. Counsel for the petitioner submits that while the petitioner was taking her examination the invigilator snatched the answer sheet as she suspected that the petitioner was using unfair means. The petitioner was not allowed to sit in the examination hall any further. It is submitted that as neither the college nor the university has registered any unfair means case, they should be directed to grant the petitioner a special opportunity to sit for the above examinaton. C.W.P.No.914 of 2010 -2- Counsel for the college and the University state that the petitioner has answered two questions and her story that the paper was snatched is factually incorrect. The petitioner would be at liberty to sit in the supplementary examination to be held in May, 2010. I have heard counsel for the parties, perused the paper book and the petitioner's answer sheet. The dispute is whether the petitioner's answer sheet was snatched by the invigilator or she answered two questions alone. The petitioner's allegations and the respondents' defence, would require adjudication of disputed questions of fact. The writ petition is, therefore, disposed of with a direction to the Kurukshetra University to forthwith constitute a Committee to examine the petitioner's grievance after granting her an opportunity to lead adequate evidence. The Committee shall conclude the matter within a period of fifteen days of the receipt of a certified copy of this order. In case, the Committee decides in favour of the petitioner the University and the College would be required to conduct a special examination for the petitioner. Liberty is granted to the petitioner to sit in the supplementary examination to be held in May, 2010, if necessary. March 12, 2010 (RAJIVE BHALLA) nt JUDGE