$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16098/2025 SAJAL CHHONKER .....Petitioner Through: Mr. Ashu Bidhuri, Mr. Swapnam Prakash Singh, Ms Shabana Hussain, Mr Sahil Bidhuri and Mr Ashish Singh Yadav, Advs. versus UNIVERSITY OF DELHI & ORS. .....Respondents Through: Adv. Amanpreet Singh with Adv. Harpreet Kaur for R1 & 2. Mr. Mayank Yadav and Mr.Jitender Verma Advocates for R-3 CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 17.03.2026 CM APPL. 16461/2026 1. This is an application filed under Section 151 of CPC, 1908 seeking early hearing of the main petition. 2. For the reasons stated in the application, application is allowed and the matter is taken up for hearing today. W.P.(C) 16098/2025 3. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers: “a. Issue a writ of Mandamus, or any other appropriate writ, order, or direction, thereby quashing the impugned This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:24:35 memorandum dated 02.04.2025 issued by the Joint Registrar (Examinations), University of Delhi, whereby the petitioner has been awarded punishment under Clause ‘C’ for alleged use of unfair means/disorderly conduct during the first semester examinations; b. Issue appropriate writ/order/directions in the nature of mandamus directing the Respondents to declare the Petitioner’s result for the 1st and 2nd semester examinations; c. Issue appropriate writ/order/directions in the nature of mandamus directing the Respondents to allow the petitioner to continue his studies in the 3rd semester and subsequent semesters as per the academic calendar of the University of Delhi; d. Issue appropriate writ/order/directions in the nature of mandamus and direct the Respondents to pay the cost of this petition to the petitioner.” 4. The brief facts of the case are that the petitioner is a student of the respondent University having secured admission in July, 2024 for the Academic Session 2024-2027 in B.Sc. (Physical Sciences) at Dayal Singh College (University of Delhi), i.e., respondent No.3. The petitioner appeared for his 1st Semester examination in January, 2025. 5. On 16.01.2025, while appearing for Environmental Science (Theory) (Paper Code-2181001001) examination, the petitioner was allegedly found copying from a fellow student’s answer sheet. There are also allegations that the petitioner verbally threatened and insulted the Invigilator. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:24:35 6. Subsequently, a Show Cause Notice dated 18.01.2025 was allegedly sent to the petitioner through an email alleging the use of unfair means and disorderly conduct. 7. The petitioner was found guilty of use of alleged unfair means copying another student’s answer sheet and disorderly conduct and a punishment under clause ‘C’ of the University’s Unfair Means Rules (“UFM”) was imposed. The clause ‘C’ reads as under:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:24:35 8. Mr. Bidhuri, learned counsel for the petitioner states that, at best, the allegations against the petitioner could only fall in Clause B paragraph Nos. 5 and 6 of the procedure and punishment of UFM which entailed cancellation of the papers taken by the candidate in that particular semester. The Clause B reads as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:24:35 9. Mr. Singh, learned counsel for the respondent Nos. 1 and 2 and Mr. Yadav, learned counsel for the respondent No. 3 dispute the same and state that the petitioner is guilty of gross misbehaviour and hence, the punishment awarded is in accordance with procedure and punishment of UFM. 10. In the present case, the Show Cause Notice dated 18.01.2025 issued to the petitioner is relevant and reads as under:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:24:35 11. Based upon the said Show Cause Notice, the impugned Order dated 02.04.2025 was passed. The same reads as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:24:35 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:24:35 12. A perusal of the impugned Show Cause Notice shows that the petitioner is required to show cause as to why the punishment of possessing unauthorized material during course of examination be not imposed upon the petitioner. The Show Cause Notice also states that the same would result in cancellation of the examination in the paper of the day of the incident. Further the Show Cause Notice shows that the only allegation against the petitioner is usage of unauthorized material during the course of examination and there is not an iota or whisper of any specific kind of disorderly conduct. 13. In fact, the Show Cause Notice further cautions the petitioner with the punishment which is cancellation of the examination in the paper on the day of the incident. 14. Despite the Show Cause Notice, the respondent has gone ahead and imposed punishment both for unfair means and disorderly conduct going totally contrary to the averments in the Show Cause Notice. The action of the respondents vitiates the foundational principles of natural justice. A show cause notice is not a mere empty formality. It constitutes the very basis of the proceedings and delineates the scope within which the inquiry has to be conducted and action has to be taken. A person must be put to notice about the allegations against him and if the Show Cause Notice circumscribes the scope of punishment, the punishment beyond it cannot be imposed. The imposition of punishment outside the notice renders the exercise arbitrary. 15. I am of the view that the order is cryptic and the petitioner has been This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:24:35 charged of a punishment which the Show Cause Notice does not disclose. 16. At best, the Show Cause Notice only talks about cancellation of 1 paper. 17. Mr. Bidhuri, learned counsel for the petitioner states that he will be satisfied if the punishment is awarded under clause B(5) and B(6) i.e. cancellation of the entire 1st Semester which has already been done. 18. Accordingly, and for the reasons stated above, the memorandum dated 02.04.2025 is hereby quashed with a direction that only the 1st Semester of B.SC. (Physical Sciences) of the petitioner shall remain cancelled. Accordingly, all consequential benefits shall ensue to the petitioner. 19. Since the petitioner has already cleared the exam of the 1st Semester in November-December 2025, the result of the 2nd Semester shall be declared and the petitioner shall be granted consequential benefits including promotion to the next Semester. 20. The results handed over in Court today are taken on record. 21. The petition is disposed of in the aforesaid terms. 22. Next date of hearing, i.e. 28.04.2026, stands cancelled. JASMEET SINGH, J MARCH 17, 2026 / (MS) This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:24:35