IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1422 OF 2008. Megha Vishwanath Iyer. ... Petitioner. versus Unfair Means Enquiry Committee of S.K. Somaiya College of Arts, Science and Commerce & Ors. ... Respondents. Mr. Mihir Desai for Petitioner. Mr. K.K. Jadhav for Respondent Nos.1 to 3. Mr.R. Rodrigues a/w. Mr. B.V. Phadnis for Respondent No.4. CORAM : S.B. MHASE AND A.A. KUMBHAKONI, JJ. DATE : 11th June 2008. P.C. Rule returnable forthwith, with the consent of the parties. The communication dated 3rd May 2008 with reference no.UFM/08- 09/265 issued by the Principal of the respondent no.2 is under challenge. It appears that the petitioner had appeared in FYBMS ATKT examination held in March 2008. According to the petitioner, she inadvertently carried with her a cell phone in the examination hall which was prohibited as per the examination rules. The petitioner has further contended that after realising that she has carried cell phone ten minutes after the commencement of the paper, she offered to hand over it to the supervisor and that the supervisor has taken her to the Principal, instead of getting it from her. And therefore, the unfair means enquiry committee was constituted. 2. The notices were issued to the petitioner on 12th April 2008 and reminder on 24th April 2008. However the petitioner did not remain present and therefore, ex-parte order was passed and this order is impugned by this petition. 3. The learned counsel for the petitioners states that the petitioner was abroad during this period and therefore could not remain present. The learned counsel for respondent nos.1, 2 & 3 states that looking to the fact that the petitioner was abroad, the impugned order may be set aside and the respondent will offer re- hearing to the petitioner and thereafter, will pass an appropriate order. 4. The counsel for the University has no objection for re- hearing of the matter. Therefore, we allow this writ petition and pass the following order :- The impugned communication or order dated 3rd May 2008 bearing no. UFM/08-09/265 is hereby quashed and set aside. The respondent nos.1 to 3 to constitute unfair means enquiry committee again and conduct the enquiry in respect of alleged misconduct of the petitioner. The fresh notice be issued by the unfair means enquiry committee to the petitioner, This committee shall decide the aforesaid allegation of misconduct by giving opportunity of hearing to the petitioner, by a reasoned order. All this exercise should be completed within a period of 15 days. Rule made absolute accordingly. (A.A. KUMBHAKONI) (S.B. MHASE)