The Gujarat High Court has maintained its stance in a matter related to the cancellation of the examination of a student at Gujarat National Law University, Gandhinagar.
The matter dates back to November last year when a student was alleged to have “committed malpractice” during an exam. The third-year student found his paper snatched by the invigilating faculty, who claimed that the student was “hiding something”.
An Exam Inquiry Committee eventually found the student guilty and ordered the cancellation of his examination. What this would mean is that the student would have to repeat the third year. Consequently, the student approached the High Court seeking relief.
Earlier this month, a single judge bench of the High Court in a strongly worded judgment, called GNLU, among other things, “the epitome of injustice”. The court had set aside the University’s order and directed the results of the examination to be declared within two weeks, while also rejecting a request to stay the order for four weeks.
Subsequently, the University preferred a Letters Patent Appeal in the High Court, seeking a stay of the single judge’s order.
When the matter came up for hearing today, Senior Advocate Mihir Thakore, appearing for GNLU, asked for a stay of the judgment and permission to conduct a re-inquiry against the student. However, Gursharan H Virk, appearing for the student petitioner, argued that that GNLU was already in contempt of the court’s judgment since it had not declared the result of the student even after passage of two weeks.
He further submitted that if a re-inquiry was permitted to be conducted, it would put the student at a more disadvantageous position than he was even before the writ petition.
The vacation bench of Justice BA Vaishnav rejected GNLU’s interim prayers, and finding nothing wrong with the single judge’s ruling, refused to grant stay. The judge also ruled out the question of a re-inquiry of the student.
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