Law:

Section:

(a) Educational institution---Unfair means--Disciplinary Committee--Allegation of conspiracy of candidate appearing for examination with concerned tabulators and making of deliberate previous arrangements to cheat in examination by way of getting his result forged for his benefit--Scope of rule of natural justice to which Disciplinary Committee was required to adhere, stated. Any person or body of persons empowered to take decision after ex post facto investigation into facts which would result in consequence affecting inter alia, the right of any person, then in absence of any express exclusion of the principles of natural justice, such person or body would be under duty to act in accordance with such principles of natural justice as may be applicable in the facts and circumstances of the given case. No hard and fast rule could be laid down for general application to all cases, for the requirements of natural justice must depend on the circumstances of the case, the nature of the inquiry, the rule under which the Tribunal is acting, the subject-matter that is being dealt with etc. Notwithstanding the overriding consideration requiring the maintenance of discipline in educational institutions, the Tribunals functioning in such institutions cannot be freed from the necessity of acting in a manner, which excludes reasonable possibility of unfair action being taken. The University Authorities are not required in the disciplinary proceedings to strictly follow the technical rules of evidence enjoined by the Evidence Act. Notwithstanding that the disciplinary forums functioning in the educational institutions are not tied down to procedural requirements of a trial in a judicial or quasi-judicial forum, like administering oath or examining witnesses in the presence of the accused person or giving him facility of cross-examining the witnesses, the decision of such forum is nonetheless not sacrosanct if it is unfair or arbitrary. A candidate who is beneficiary of a wrongful act done by staff of educational institution must not be presumed to have complicity in wrongful act. Such presumption of guilt does not arise ipso facto from fact that candidate was beneficiary…

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