K. J. Somaiya

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• A Candidate/learners who passes in all the Courses or Subjects/Heads of passing in the examination without benefit of either gracing or condonation rules and whose total number of marks in the courses/subject/s falls short by not more than three marks for getting Grade “O”/distinction in the Courses/subject/s respected shall be given necessary grace marks up to three (03) in maximum two (02) subjects, courses subject to maximum 1% of the total marks of that Head of Passing whichever is more, in a given examination.
• Provided that benefit of the above mentioned grace marks shall not be given to the candidate only for such examination/s for which provision for distinction in a course/ subject has been prescribed. Provided further that this gracing is concurrent with the rules and guidelines of professional statutory bodies at the All India level such as AICTE, MCI, Bar Council, CCIM, CCIH, NCTE etc.

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Due to errors

• In any case where it is found that the result of an examination has been affected by errors, the controller of Examination shall have power to amend such result in such manner as shall be in accordance with the true position and to make such declaration as is necessary. With the necessary approval of Vice-Chancellor / Pro Vice-Chancellor, Provided the errors are reported/detected within 6 months from the date of declaration of results. Errors detected thereafter shall be placed before the Board of Examinations

Error Means:-

• Error in computer/data entry, Printing or programming and the like.
• Clerical error, manual or machine, in totaling or entering of marks on ledger /register.
• Error due to negligence or oversight of examiner or any other person conned with evaluation, moderation and result preparation.

Due to fraud, malpractices etc.

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• If a candidate/learners fails in only one course/head of passing, having passed in all other courses/ heads of passing, his/her deficiency of marks in such head of passing may be condoned by not more than 1% of the aggregate marks of the examination or 10% of the total number of marks of that course/head of passing in which he/she is failing, whichever is less. However condonation, whether in one head of passing or aggregate head of passing are restricted to maximum up to 10 marks only.
• Condonation of deficiency of marks is shown in the Grade Card/Statement of Marks in the form of asterisk and Ordinance number.
• Provided that this condonation of marks is concurrent with the rules and guidelines of professional statutory bodies at the All India level such as AICTE, MCI, Bar Council, CCIM, CCIH, NCTE etc.

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• To pass in the individual courses of semester I to VIII examinations of first to final year of engineering, a learner must obtain a minimum of 40 % of the full marks. The minimum of 40 % of the full marks must be obtained in the Internal Assessment, End semester examination, practical and oral examination separately in each course as applicable.
• A learner also pass in individual courses even if s/he fails in Internal Assessment but secure more than 50% in total (Internal Assessment + End Semester Examination) in that course

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• There shall be the Attendance Committee, for smooth conduct of this ordinance, in every college/institute/Department of the University comprising of at least three members (to be nominated from other departments in case of the University Departments having less than 3 teachers), the Vice-Principal/ Senior Teacher (Convener) and at least two more teachers ensuring representation of the concerned faculties, nominated by the Principal/Director/Head.
• Every bonafide learner shall ordinarily be allowed to keep terms for the given semester in a program of his enrolment, only if he fulfills at least seventy five percent (75%) of the attendance taken as an average of the total number of lectures, practical’s, tutorials etc. wherein short and/or long excursions/field visits/study tours organized by the college and supervised by the teachers as envisaged in the syllabus shall be credited to his attendance for the total no of periods which are otherwise delivered on the material day/s. Further it is mandatory for every learner to have min 50% attendance for each course & average attendance has to be 75%.
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• The same ratio shall be applied for computing the attendance of the learners by crediting the number of periods which are missed while participating in an extracurricular/co-curricular activity/competition/camp/ workshop/convention/symposium/seminar etc. where the said learner is officially representing the college/ University/ District/ State/ Country with the permission of the Principal /Director/ Head of the College/ Institute/ University Department or by the direction of the University Officer as the case may be wherein for the purpose of computing the average attendance the periods missed for what is envisaged here-inabove, at Sr. No 2, shall be deemed to have been attended by the said learner .
• Without prejudice to what is stated here-in-above, the Principal/Director/Head of the concerned College/Institute/Department of the University shall be the competent authority to condone the absentee of any learner further up to additional 25%, if deemed fit and on recommendation of the attendance committee of the said college/Institute/Department of the University, wherein it is mandatory on the said committee to do natural justice by giving personal hearing to every learner falling short of minimum attendance for keeping terms and recommending case by case to the competent authority having verified the genuineness and gravity of the problem that justifies the learner to remain absent, which generally shall be limited to his own sickness, sickness of his parent, death of his parent etc. supported by valid evidence, documentary or otherwise.
• The attendance committee ensures that the attendance records are maintained in order and that the warning letters are issued to the defaulting learners at least twice in every semester & that in the first week of every month for the previous month default list it display on college notice board. If they are falling short of attendance while also displaying the list of defaulters declaring their respective attendance for the month. The defaulting learners should also be called (along with the parent/guardian wherever necessary) to meet the Convener, attendance committee in the middle of the semester with a view to make the consequences adequately clear while understanding the difficulties if any and encouraging the learner to comply with the requirement of the attendance. Needless to say that the learners should be made aware of the provisions of the ordinances for attendance at the time of admission and an undertaking may be obtained from them (countersigned by the parent/guardian wherever necessary) assuring regular attendance while understanding the consequences of defaulting.
• At the end of the semester on recommendation of the attendance committee the Principal/Director/Head of the college/Institute/University Department shall display list of the learners who are not allowed to keep terms, allowing them to appeal to the Principal/Director/Head of the College/Institute/Department of the University within 3 days from the date of display of the notice. After disposing the appeals the Principal/Director/Head shall intimate the same to the In-charge of Examinations/the Controller of examinations to withdraw the examination forms of such defaulting learner sunder intimation to those learners ensuring that this communication reaches the concerned at least 10 clear days before the commencement of the respective examinations.
• The learners whose terms are not granted by the college/institute/department of the University can appeal to the controller of examinations, if desired, in a prescribed form and by paying fees prescribed by the Management Council within 3 days from the receipt of this intimation and that the controller of examinations shall arrange a hearing of the learners along with their concerned Principals/Directors/Heads of the Department, represented in person or through a teacher nominated by them before the committee (one each for every faculty) nominated by the Management Council comprising of 3 members including the convener. The respective committees shall convey their decisions to the controller of examinations which shall be final and binding on the learners once accepted and communicated by the controller of examinations.

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• On receipt of a report regarding use of unfair means by any students at any University examination, including breach of any of the rules laid down by the University Authorities for proper conduct of examination, the Board of Examination shall have power at any time to institute inquiry and to punish such unfair means or breach of the rules by exclusion of such student from any University examination or from any University course in a college or Recognized Institution or in the University Department or from any Convocation for the purpose of conferring degree either permanently or for a specified period, or by cancellation of the result of the student in the University examination for which the student appeared or by deprivation of any University prize or medal to him/her or by imposition of fine or in any two or more of the aforesaid ways within a period of one year
• Where the examinations of the University courses are conducted by the constituent college/Recognized Institutions on behalf of the University, the Principal/Head of the concerned constituent college /Institution, on receipt of a report regarding use of unfair means by any student at any such examination, including breach of any of the rules laid down by the University Authorities or by the College/Institution for proper conduct of examination, shall have power at any time to institute inquiry and to punish such unfair means or breach of any of the rules by exclusion of such a student from any such examination or any University course in any College/Institution either permanently or for a specified period or by cancellation of the result of the student in the College/ Institution examination for which he/she appeared or by deprivation of any College/ Institution Scholarship or by cancellation of the award of any College/Institution prize or medal to him/her or by imposition of fine or in any two or more of the aforesaid ways
• On receipt of report regarding malpractices used or lapses committed by any paper-setter, examiner, moderator, referee, teacher or any other person connected with the conduct of examination held by the University or Colleges or Recognized Institution including breach of the rules laid down for proper conduct of examination, the Board of Examinations, in the cases of the University examinations or the Management Body in the cases of the examinations conducted by the College/Institution on behalf of the University, as the case may be, shall have power at any time to institution inquiry and to punish such malpractices or lapses by declaring disqualified the concerned paper-setter, examiner, moderator, referee, teacher or any other person connected with the conduct of examination from any examination work either permanently or for a specified period or by referring his/her case to the concerned authorities for taking such disciplinary action as deemed fit as per the rules provided for or in any two or more of the aforesaid ways.

Competent Authority

• The Board of Examinations of the University constituted under the provisions of Section 31(3) shall be the competent authority to take appropriate disciplinary action against the students using, attempting to use, aiding, abetting, instigating or allowing using unfair means at the examination conducted by the University.
• The Principal of the constituent College or Head of the Recognized Institution shall be the competent authority to take appropriate disciplinary action against the student/s using, attempting to use, aiding, abetting, instigating or allowing to use unfair means at the examination conducted by the College or Institution on behalf of the University.

Definition-Unless the context otherwise requires:

• “Student” means and includes a person who is enrolled as such by the University/College/Institution for receiving instruction qualifying for any degree, diploma or certificate awarded by the University. It includes ex-student and student registered as candidate (examinee) for any of the degree, diploma, or certificate examination.
• “Unfair means” includes one or more of the following acts or omissions on the part of student/s during the examination period.
  • Possessing unfair means material and or copying there from.
  • Transcribing any unauthorized material or any other use thereof
  • Intimidating or using obscene language or threatening or use of violence against invigilator or person on duty for the conduct of examination or manhandling him/her or leaving the examination hall without permission of the supervisor or causing disturbance in any manner in the examination proceedings
  • Unauthorized communicating with other examiners or anyone else inside or outside the examination hall.
  • Mutual / Mass copying.
  • Smuggling-out, either blank or written, or smuggling-in of answer books as copying material.
  • Smuggling-in blank or written answer book and forging signature of the Jr. Supervisor thereon
  • Interfering with or counterfeiting of University/College/ Institution seal, or answer-books or office stationary used in the examinations.
  • Insertion of currency notes in the answer-books or attempting to bribe any of the persons connected with conduct of examinations.
  • Impersonation at the University/College/Institution examination.
  • Revealing identity in any form in the answer written or in any other part if the answer-book by the student at the University or College or Institution examination.
  • Or any other similar acts/and/or omission/s which may be considered as unfair means by the competent authority.
• “Unfair means relating to examination” means and includes directly or indirectly committing or attempting to commit or threatening to commit any act or coercion, undue influence or fraud or malpractice with a view to obtaining wrongful gain to him or to any other person or causing wrongful loss to other person/s.
• “Unfair means material” means and includes any material whatsoever, related to the subject of the examination, printed, typed, handwritten or otherwise on the person or on clothes, or body of the student (examinee) or on wood or other material, in any manner or in the form of chart, diagram, map or drawing or electronic aid etc. which is not allowed in the examination hall.
• “Possession of unfair means material by a student” means having any unauthorized material on his/her person or desk or chair or table or at any place within his/her reach, in the examination centre and its environs or premises at any time from the commencement of the examination till its conclusion.
• “Student found in possession” means a student, reported in writing, as having been found in possession of unfair means material by Jr. Supervisor, Sr. Supervisor, member of the vigilance Committee or Examination Squad or any other person authorized for this purpose, in this behalf, even in the unfair means material is not produced as evidence because of it being reported as swallowed or destroyed or snatched away or otherwise taken away or spoiled by the student or by any other person acting on his behalf to such an extent that it has become illegible. Provided report to that effect is submitted by the Sr. Supervisor or Chief Conductor or any other authorized person to the Controller of Examinations or Principal or Head of the Institution concerned or any officer authorized in this behalf.
• “Material related to the subject of examination” means and includes, if the material is produced as evidence, any material certified as related to the subject of the examination by a competent person and if the material is not produced as evidence or has become illegible for any of the reasons referred to in clause (f) above, the presumption shall be that the material did relate to the subject of the examination.
• “Chief Conductor” means Principal of the College concerned or Head of the University Department or Recognized Institution concerned, where concerned examination is being conducted, and any other person duly authorized by him or person appointed as in-charge of examination, by prior approval of the University.

During examination, examinees and other students shall be under disciplinary control of the Chief Conductor/s

Chief Conductor/s of the Examination Centre shall, in the case of unfair means, follow the procedure as under:

• The student shall be called upon to surrender to the Chief Conductor the unfair means material found in his or her possession, if any, and his/her answer-book
• Signature of the concerned student shall be obtained on the relevant materials and list thereon. Concerned Sr. Supervisor and the Chief Conductor shall also sign on all the relevant materials and documents.
• Statement of the student and his/her undertaking in the prescribed format and statement of the concerned Jr. Supervisor and Sr. Supervisor shall be recorded in writing by the Chief Conductor (Appendix-C). if the students refuses to make statement or to give undertaking the concerned Sr. Supervisor and Chief Conductor shall record accordingly under their signatures.
• Chief Conductor shall take one or more of the following decisions depending upon seriousness/gravity of the case:
  • In the case of impersonation or violence, expel the concerned student from the examination and not allow him/her to appear for remaining examination.
  • Obtain undertaking from the student to the effect that decision of the concerned competent authority in his/her case shall be final and binding and allow him/her to continue with his/her examination.
  • May report the case to the concerned police station as per the provisions of Maharashtra Act No. XXXI1982- An Act provided for preventing malpractices at University; Board and other specified examinations.
  • Confiscate his/her answer-book, mark it as “suspected unfair means case” and issue him/her fresh answer-book duly marked.
• All the materials and list of material mentioned in sub-clause (I) and the undertaking with the statement of the student and that of the Jr. Supervisor and mentioned in clause No. (ii) and (iii) and the answer-book shall be forwarded by the Chief Conductor, along with his report, to the concerned Controller of Examinations/ Principal/Head of the Institution, as the case may be, in a separate and confidential sealed envelope marked “Suspected unfair means case”.
• In case of unfair means of oral type, the Jr. Supervisor and the Sr. Supervisor or concerned authorized person shall record the facts in writing and shall report the same to the concerned Controller of Examinations/Principal/Head of the Institution, as the case may be.

Procedure to be followed by Examiner during Assessment :-

Case of unfair means having prima-facie, reported to the University/College/ Institution by the Chief Conductor/ Jr./Sr. Supervisor and or examiners shall be inquired into by the committee appointed by the Board of Examination/ Principal /Head of the Institution, as the case may be. In the event cases of unfair means reported through any other sources, the concerned officer/In-charge of the Sub-section/Unit to which the case is primarily pertained, at the Examination Section of the University/ College/Institution shall scrutinize the case, collect preliminary information to find out whether there is prima-facie case so as to fix up primary report to the concerned competent authority. If the competent Authority is satisfied that there is a prima-facie case it shall place the same before the Unfair Means Inquiry committee for further investigation. The concerned officer of the Sub-section/Unit through which the case has originated or the case is pertaining to, shall be the presenting officer of the case before the Inquiry Committees, Police Authorities and Court of Justice and shall deal with the case till it is finally disposed of.

Examination Results of the concerned students involved in such cases shall be held in reserve till the competent Authority takes final decision in the matter and the concerned students and the college / Institution to which he/she belongs to, shall be informed accordingly.

Appointment of Unfair Means Inquiry committee

• For the purpose of investigating unfair means resorted to by students at the University examination, the Board of Examinations shall appoint a Committee in terms of the provisions made under section 32 (6) (a) of the Maharashtra Universities Act 1994. The term of the Committee shall be five years subjects to provisions of Section 42 & 43 of the said Act.
• For the purpose of investigating unfair means resorted to by students at the examination held by the College/Institution, the Unfair Means Inquiry Committee appointed by the College/Institution shall consist of five teachers (other than the Principal /Head) to be nominated by the Principal /Head of the Institution, one of whom shall be designated as Chairperson. The members appointed on the College/Institution Examination Committee shall not be appointed as members on the Unfair Means Inquiry Committee.
• The Unfair Means Inquiry Committee will function as a recommendatory body and submit its recommendations in the form of a report to concerned competent authority, which will issue final orders with regard to the penal action to be taken against the students / after taking into account the reported facts and findings of the case by the Committee and after ensuring whether reasonable opportunity has been given to the concerned implicated student in his/her defense, the principle of natural justice has been followed and the recommended quantum of punishment is in accordance with the guidelines laid down in this behalf.

Procedure of the Committee should be as under

• The Controller of Examinations of the University / Principal of the College or Head of the Recognized Institution, or the officer authorized by them as the case may be, shall inform the student concerned in writing of the act of unfair means alleged to have been committed by him/her, and shall ask him/her to show cause as so why the charges/leveled against him/her should not be held as proved and the punishment stipulated in the show cause notice be imposed.
• The student may appear before the Inquiry Committee on a day, time and place fixed for the meeting, with written reply/explanation to the show cause notice served on him/her therein. The student himself/herself only shall present his/her case before the committee.
• The documents that are being taken into consideration or are to be relied upon for the purpose of proving charges/against the student should be shown to him/her by the Inquiry Committee, if the students presents himself/herself before the committee. The evidence, if any, should be recorded in the presence of delinquent.
• Reasonable opportunity, including oral hearing, shall be given to the student in his/her defense before the Committee. The reply/explanation given by the student to the show cause notice shall be considered by the Committee before making final recommendation in the case.
• The Committee should follow the above procedure in the spirit of the principle of natural justice.
• After serving a show cause notice, if the implicated student fails to appear before the Inquiry Committee on the day, time and place fixed for the meeting, the student may be given one more opportunity to appear before the Committee in his/her defense. Even after offering two chances if the student concerned fails to appear before the Committee, the Committee shall take decision in his/her case in absentia, on the basis of the available evidence / documents, which shall be binding on the student concerned.
• The Committee shall submit its report to the concerned competent authority along with its recommendations regarding punishment to be inflicted or otherwise.

Punishment

The competent Authority concerned i.e. the Board of Examinations in the cases of University examination, the concerned Principal in the cases of college examination, and the Head in the cases of examination held by the Recognized Institution, after taking into consideration the report of the Committee shall pass such orders as it deems fit including granting the student benefit of doubt, issuing warning or exonerating him/her from the charges and shall impose any one or more of the following punishments on the students found guilty of using unfair means:

• Annulment of performance of the student in full or in part in the examination he/she has appeared for.
• Debarring student from appearing for any examination of the University or College or Institution for a stipulated period not exceeding five years.
• Debarring student from taking admission for any course in the University or College or Institution for a stipulated period not exceeding five years.
• Cancellation of the University or College or Institution Scholarship/s or award/s or prize or medal etc. awarded to him /her in that examination.
• In addition to the above mentioned punishment, the competent authority may impose a fine on the student declared guilty. If the student concerned fails to pay the fine within a stipulated period, the competent authority may impose on such a student additional punishment / penalty as it may deem fit.
• As far as possible the quantum of punishment should be as prescribed (category wise) in Appendix –A .
• The concerned student is informed of the punishment finally imposed on him/her in writing by the competent authority or by the Officer authorized by it in this behalf, under intimation to the College / Institution he/she belongs.