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Madhya Pradesh Professional Examination Board Act, 2007- Examination process - Tampering of - Entrance examination c for admissions into medical colleges - Allegation of conspiracy and use of unfair means in the examination - Cancellation of admissions of appellants and others - Challenge against - Held: The manipulation by which the appellants obtained admission involved not only a breach in the computer system, whereby roll numbers were allotted to the appellants. to effectuate their plans, it also involved the procurement of meritorious persons, .to assist them, in answering the questions (in the Pre-Medical Test) - The seating arrangement of appellants next to the concerned helper, at the examination, was also based on further computer interpolations - Not only were the seating plans distorted for achieving the purpose, even the institutions where the appellants were to take the Pre- Medical Test, were arranged in a manner, as would suit the appellants, again by a similar process of computer falsification - The admission of appellants to the MBBS course was, thus, based on a well orchestrated plan based on established fraud - In view of the sequence of facts, it is not possible to accept, that the deception F and deceit, adopted by the appellants, was a simple ajfab; which can be overlooked - The involvement of the appellants was indeed the most grave and extreme - In view thereof, the consequence of established fraud cannot be ignored, to do complete justice in a matter, in exercise of jurisdiction vested in this Court, u/Art.142 of G the Constitution - Constitution of India - Art. 142 - Scam.Constitution of India: Art.142 - Mass fraud - Admission obtained by fraud - Invocation of Art. 142, to do complete justice, determining parameters - Held: The two important parameters for consideration are, "larger interest of administration of justice", and "preventing manifest injustice" - The facts and circumstances of the instant case do not reveal the existence. of either of these two factors - With Vyapam having cancelled the appellants' admission lo the MBBS course, and the said orders having been upheld by the High Court, as well as, by this Court, ii cannot be said that the cancellation orders were unjust - If the admission of the appellants to the MBBS course, was improper, the cancellation orders, were obviously proper - If the academic benefits of the appellants, arising out of their admission cancelled by Vyapam are restored, tht cancellation orders would be set at naught - That would not serve the "larger interest of administration of justice" - On the contrary, such an initiative would cause "manifest injustice" - It is, therefore, not possible in the facts of the instant case to invoke Art. 142 of the Constitution in the larger interest of the administration of justice - It is also not possible to accept, that any manifest injustice would be done to the appellants, if their admissions are cancelled - Scam. Art. 142 - Exercise of power u/Art. 142 to do complete ;us/ice - Connotation of words "complete justice"- Held: The words "complete justice" used in Art.142 would not include the power, to disregard even statutory provisions, and/or a declared pronouncement of law under Art.141, even in exceptional circumstances - Debates and deliberations in Parliament, leading to a valid legislation, represent the will of the majority- It is difficult, to visualize a situation, wherein a valid legislation, would render injustice to the parties, or would lead to a situation of incomplete justice for one or the other party - In view of the conscious involvement of the appellants in gaining admission to the MBBS course, by means of a fraudulent stratagem of trickery, the declaration of law with reference to fraud cannot be ignored or overlooked - Nothing obtained by fraud, can be sustained - This declared proposition of law, must apply to the case of the appellants, as well. Art. 142 - Admission obtained by fraud - Invocation of Art. 142 on plea of being young and immature - The submission of appellants was that they should not be identified, as a part of the syndicate, engaged in manipulating their admissions, even though they were the beneficiaries thereof and that they were young, and A not mature enough to understand the consequences of their actions - These submissions are outrightly rejected - Even a juvenile wrongdoer faces trial and is subjected to statutory consequences - The appellants in this case, irrespective of their age, were conscious of the regular process of admission - They breached the same by B devious means - They must therefore, suffer the consequences of their actions - Each one of the appellants, was aware of the fact, that their admission to the MBBS course, would be determined 011 the basis of their performance in the Pre-Medical Test - Rather than appearing in the qualifying test 011 their own, they chose to seek assistance of meritorious students, to garner higher marks - c Probably, the appellants were sure, that they would not be able to gain admission to the MBBS' course, on their own merit - That is why, they had to strategize their admission to the MBBS course - Therefore, the contention that the appellants were· meritorious students, and as such, their admission to the MBBS course, deserved D to be preserved is rejected -In that view of the matter, relief Art.142 not granted - Appellants had consciously sought the assistance of a syndicate, engaged in manipulating admissions to medical institutions - They were beneficiaries of acts of deceit and deception - In that view of the matter, the case of the appellants does not commend, as a matter deserving of any sympathetic E consideration. Art.142 - Jurisdiction 1inder, scope - Held: The jurisdiction exercisable u/Art. 14 - cannot ever be invoked, to salvage, and legitimize acts of fraudulent character - Fraud, cannot be allowed to trounce, on thi stratagem of public good - The issue in hand, has an infinitely vast dimension - If immediate social or societal gains is kept in mind, the perspective. of consideration would be different - The basic fundamental right of equality before law and equal protection of the laws, is extended to citizens and non-citizens alike, through Art.14 on the fountainhead of fairness - The actions of the appellants, are founded on unacceptable behaviour, and in complete breach of the rule of law - Their actions, constitute acts of deceit, invading into a righteous social order - National character cannot be sacrificed for benefits, individual or societal - In the facts and circumstances of the case in hand, it would not be proper to legitimize the admission of the appellants, to the MBBS course, F Gn exercise of the jurisdiction vested in this Court u/Art.142 of the Constitution. Administration of Justice - Fair play and equity - Nothing, obtained by fraud, can be sustained; as fraud unravels everything - No person can be allowed to keep an advantage he has obtained by fraud - Where two options are open to a Court, and both are equally beckoning, it would be most prudent to choose the one, which is founded on truth and honesty, and the one which is founded on fair play and legitimacy - Siding with the option founded on the deceit or fraud, or on favour as opposed to merit, or by avoiding the postulated due process, would be imprudent - In the facts and circumstances of the instant case, there was absolutely no cause to legitimize the admissions of the appellants to the MBBS course, since the same clearly fell in the imprudent category. |
