A student of the APEEJAY institute of Management and Technology, Dwarka in New Delhi has been disqualified from appearing in examinations for two years for allegedly adopting unfair means with the help of a cell phone while giving an exam.

Abhimanyu Chaudhary, a second year student of B Com Professional Course at AIMT, has approached the Delhi high court against the decision.

Justice Gita Mittal has issued notices to AIMT and Amritsar-based Guru Nanak Dev University, to which the college is affiliated.

The college and the university have been asked to file their replies by January 25, the next date of hearing.
In his petition, filed through counsel R K Saini, Chaudhary said while taking the 7th paper in April last year, he was carrying a mobile phone. He received an SMS while giving the examination. The SMS was in no way connected with the subject of the examination, he said.

Chaudhary claimed that the invigilator confiscated his mobile phone and answer sheet and forced him to sign a confessional statement on the promise that no further action would be taken against him, the counsel submitted.

However, without issuing a show-cause notice detailing the charges against him and giving him an opportunity to state his stand, the institute in July last year invalidated Chaudhary's entire examination and also disqualified him from appearing in any examination for two years, Saini said.

Chaudhary's appeal before the standing committee was dismissed in November last by a non-speaking order, Saini said.

The student, in his petition, submitting that there was no material against him except the confessional statement, also urged the court to direct AIMT to let him appear in the examination scheduled for April 2005 pending final disposal of the petition.