IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.8653 of 2008 DATE OF DECISION: May 21, 2008 TUSHAR VIJAN ...PETITIONER VERSUS GURU NANAK DEV UNIVERSITY AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. PRESENT: MR. RAMESH SHARMA, ADVOCATE FOR THE PETITIONER. ASHUTOSH MOHUNTA, J.(ORAL) Learned counsel submits that the punishment of disqualification for a period of 2 years to appear in any examination is highly excessive as the petitioner had not written anything from the material of which he was in possession. We have perused the impugned order (Annexures P-4) and the order (Annexure P-6), vide which the petitioner was informed with regard to rejection of his appeal. On perusal, we find that the Unfair Means Committee has returned a finding of fact that the petitioner has used unfair means in furtherance of his examination. However, as the petitioner is a student of 10th Semester of LL.B. (Five Year Course), therefore, we are inclined to take a lenient view in the matter. In view of the above, we modify the orders (Annexure P-4 and P- 6) to the extent that the petitioner would be disqualified for a period of 1 year instead of 2 years as ordered by the Unfair Means Committee and affirmed by the appellate authority. This shall, however, be not taken as a precedent. (ASHUTOSH MOHUNTA) JUDGE May 21, 2008 (KANWALJIT SINGH AHLUWALIA) Gulati JUDGE