Mass Copying case: Court found no merit to interfere with the decision of Expert Committee for cancelling the results
Civil Appeal No. 1727 of 2016
Bench: Justice Chelameswar; Justice Abhay Manohar Sapre
Case Brief: In the facts of the case appellants here, after appearing in the PMT examinations held in the year 2008 to 2013, which was conducted by the State of M.P. through Professional Examination Board hereinafter called “Vyapam” had conducted these examinations for getting admission in MBBS Degree Course in various Government/ Private Medical Colleges in State of M.P., got admissions in the MBBS degree course. And some from them were prosecuting their studies in MBBS Course and some claimed that their studies were completed. However, by the orders made by the Vyapam, it has cancelled the appellants’ PMT Examination results on the ground that the detailed investigations made in conducting of PMT, shown that the appellants and several other candidates resorted to unfair means in large scale. Such decision of cancellation of results challenged by appellants by filing several writ petitions before the High Court, and when High Court denied their claim, then appellants challenged the same before this bench. When High Court held that the said case is of “mass copying”, this bench considered it necessary to examine the case where it is of “mass copying” and whether the appellants were entitled to a show cause notice before cancellation of their results. Mass copying, as per the Justice Abhay Manohar Sapre, means “unfair means practiced on a large scale in examination.”
The bench analyzed around seven judgments pronounced by the top court’s justices of concerned time and then this bench observed that when there is seen ‘mass copying’ in any case, the institute concerned need not necessarily give any show cause notice to any individual candidate before cancellation of his result; also it is also difficult in such cases to prove ‘copying’ was done by the candidates, but same can be done on the basis of probabilities and circumstantial evidence. Also, this bench necessarily observed that the Court should not act as an appellate Court over the decision of Expert Committee for examining such issue of ‘mass copying’. Thus, the bench after holding this case as of ‘mass copying’ decided that the procedure adopted by the Vyapam cannot be said to be unfair or arbitrary. Moreover, the bench also found that the appellants are also not entitled to any equitable relief. Thus, the appeals filed by the appellants dismissed by this bench.
Read the Judgement: Nidhi Kaim Vs. State of Mp and Ors Etc