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sonal parikh (coorporation)     03 July 2013

Need a legal help

i am in army there is instruction written that mobile phones are not allowed in the classed & the examination hall . in my final exam there was an annoucement made by the one invigilator that anybody caarying the mobile keep it switched off on a table so i did.later ther were asking someone that as to why he is carrying a mobile then i thought there is some confusion in carrying the mobile so i called my invidilator & asked the same is there any confusion regarding mobile so she shoute & said as to why i was carriny the mobile then i explan her there was a annoucment made so i followed that then she switched on the mobile & checked whethere there is material in it or not so there was a material for same exam i explain her that the switched off mobile can not help me that isall togather diffrent that material is in side oir not which could have helped me writing my exam...how to explain now she is charging me & taking action .she is giving a big punishment.



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 4 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     03 July 2013

Dear Querist,

 

There may not be any Army Instructions/Orders in respect of carrying and holding/using mobile phones in examination hall. However, if at all, there could be Station Routine Orders which talks about the same and restriction,if any, may be informed and/or during the examination, invigilator might have warned the Army examinees like you not to use/hold the mobiles. Going by your versions, it appears that a major penalty is being sought to be imposed, you may first opt for interview and/or making representation to higher official, thereafter, if so necessary, you may challenge the same and i hope, you will certainly come out victorious. It would be more relevant at what rank/cadet you are recruited for.

 

Trust this would suffice.

Hemang (Advocate)     03 July 2013

She has rightly challenged. As a student, you are expected to follow the rules. You are gone in to Disciplinary proceedings. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 July 2013

the cellphone technology is renovate day by day. Few days back the much rules were not imposed. But today in modern days, the rules also must have been changes as per the new models of cell phones. Therefore the examiners are much allert in that scenario. They takes the decision as per the model of the cell phone you submitted.

sonal parikh (coorporation)     04 July 2013

thanks for all the reply , but dont you think so that the invigilator is at fault & missguaided the officers as they should not hane annouce so no body would have carrying the mobile.s& anyways as per the invigilatorinstruction i carryined mobile & swittched it off when i handed over to the incharge it was switched off how can switched off mobile will help me in writing my exam... the charge which has been applied on me is using unfair means....

 

there were othere offcr also caring the mobile ithey did not investigated properly & checked as to y the annoucement was made...please advise...


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