TaxTMI 
TaxTMI 
1993 (10) TMI 356
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.... in the shape of three small pieces of paper kept in the pencil box. The matter was reported to the Central Surerintendent. Proceedings in respect of the charge "for using unfair means at the examination" were initiated by the Result Committee of the Board. The respondent was examined by the said Committee on July 19, 1993. She admitted having kept the said papers in the pencil box but she stated that she had not used the same while answering the question paper. According to her she arrived at the examination hall late - due to car puncture on the way - and, as such, was utterly confused and panicky and in that mental state she forgot to takeout the papers from the pencil-box before entering the examination hall. The Deputy Superi....
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....uilty of using unfair means. It is no doubt true that the said provisions raise presumption that the candidate is guilty of using unfair means if, inter- alia, written material is found on the person in the examination. But this is a rebuttable resumption and it can be seen whether in fact (he material was not used.... We find here in this case that the result committee, having come to a positive finding that the petitioner had not copied despite having written material on her person, ought not to have imposed any penalty. Having come to the conclusion, on facts, that the petitioner had not copied, the question of imposing and penalty merely on the presumption of some written notes being found with the candidate, could not be arrived at, o....