The Punjab & Haryana High Court in a petition filed by MBBS students who were found cheating in exam held that the use of unfair means in the medical profession can potentially endanger the lives of patients and further refused to interfere in the university's decision to cancel the entire exam for students who were found using unfair means.
Brief Facts:
The petitioners were MBBS students who were found using unfair means during an examination. As a consequence, the university decided to cancel the entire examination after they were found cheating. This writ petition has been filed by the petitioners challenging the university’s decision of cancelling the entire examination, after they were found cheating in the first academic year paper. The students sought directions to allow them to appear in the second year.
Contentions of the Petitioner:
The counsel for the petitioner has submitted that the University haphazardly cancelled the entire examination in which the petitioners had appeared and aggrieved against such an action, an application was submitted to the respondent for reconsidering the order. However, the university stuck to its earlier decision without providing any reasonable opportunity of hearing. The counsel strongly emphasizes the breach of the natural justice principle, claiming that, far from providing the petitioners with a reasonable and fair chance to be heard, none has been provided at all. He further criticized the university's actions based on the fact that only eight of the twenty-three students in a single room were allowed to use claimed unfair methods, whereby the petitioners' use of unfair means never came to the attention of the invigilator or the flying squad, if at all. He disputes the claim, claiming it is ambiguous and unfounded and that it stems from a plot hatched at the conclusion of college and the university working together. He further claims that the petitioners are being asked to reappear in the first-year exam under the guise of alleged unfair means, but only if they pay a new fee, roughly Rs. 22 lakh for the entire academic year.
Contentions of the Respondent:
A pen drive containing CCTV video of the room designated for the petitioners in the examination schedule—taken on record as Marks 'A' and 'B'—was presented by the learned advocate for the respondents together with the original record. He contends that the respondent university was carrying out thorough investigations by forming an Internal Standing Committee in response to the complaint received from the Registrar of Shri Krishna Ayush University, Kurukshetra, at the office of the Director General of Medical Education & Research, Haryana, and not by shirking their duties.
Observations of the Court:
The Hon'ble Court observed that it is unethical and harmful to people's entire growth as well as the development of the country as a whole to use unfair examination techniques. Due to the crucial nature of their profession, MBBS students who choose to pursue a career in medicine are required to uphold the highest ethical standards. The Court further stated that patients' life and well-being are entrusted to medical personnel. Making life-or-death judgments in the medical industry may be extremely concerning, and using unfair examination techniques shows a lack of integrity and ethical standards.
A profound and comprehensive comprehension of scientific and medical information is necessary for the medical area. It stated that cheating or utilizing unethical methods to pass tests might result in incompetence and put patients' lives and health at jeopardy.
In addition, the Court stated that the use of unfair examination practices may have legal repercussions that can hinder one's ability to practice medicine and contribute to the nation's health care system.
Rejecting the petitioner's argument that the students were not given opportunity of hearing, the bench noted, "University duly supported by the documentary evidence in the form of original record of the proceedings of various committees including the Standing Committee on unfair means that due opportunity of hearing had been given to all the petitioners and even otherwise in a case of copying in the manner, as has been done in the instant case, is clearly evident from the CCTV footage, the principle of natural justice need not be strictly complied with."
Reliance was also placed upon Dr. Ambedkar Institute of Hotel Management, Nutrition and Catering Technology vs. Vaibhav Singh Chauhan, (2009) in which the Apex Court stressed on the need to maintain purity and strict discipline in the conduct of examinations, deeming it to be necessary for the overall progress of the nation.
The court stated that, "Copying and cheating in tests is like Plague. It is a pandemic which may devastate society and the educational system of any country. If the same is left unchecked or if leniency is exhibited, the same might have a detrimental effect. For any country's growth, the integrity of the educational system needs to be flawless."
The decision of the Court:
The court did not find any merit in the instant writ petition and refused to interfere in the University’s decision. Hence, the petition was dismissed accordingly.
Case Title: Shivam Tanwar And Others V. State Of Haryana And Others
Coram: Hon’ble Mr. Justice Sandeep Moudgil
Case No.: CWP No. 24547 of 2023
Advocate for the Applicant: Mr. Ashwani Kumar Chopra, Mr. Vidul Kapoor
Advocate for the Respondent: Mr. Harmanjot Singh Gill
Read Judgment @LatestLaws.com
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