Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Madhya Pradesh Professional Examination Board Act 2007: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Madhya Pradesh Professional Examination Board Act, 2007: s.3 - Madhya Pradesh Professional Examination Board popularly known as Vyavsayik Pariksha Manda! (Vyapam) - Constitution of Board/Vyapam - Notification uls.3 for constituting the Board not been issued - But Board brought into existence for conducting the examination for admission in the medical, engineering and agricultural universities and for admission in the polytechnics - The Board constituted is a non-statutory body - It has no existence apart from the government - Appellants contention that the Board constituted has no authority in law is not tenable for the reason that if the Board is without any authority of law for cancelling the examination conducted by it, it is equally without any authority of law to conduct the common entrance examination (PMT) - Any admission based on the marks obtained at such common entrance examination would be equally without any authority of law in the sense of legislative sanction - Whatever be the legal implications of the exercise of such power vis-a-vis others, the appellants cannot be heard saying that the Board has no authority of law to take action against them because they had appeared for the said examination and taken the benefit of securing admissions into the various medical colleges on the basis of the marks obtained by them in the examination - Even otherwise, under the scheme of our Constitution, the executive power of the State is co-extensive with its legislative power - If it is established that the adoption of unfair means on large scale resulted in the contamination of the entrance examination (PMT) process of successive years, the State undoubtedly would have the power to take appropriate action to protect the public interest - Education/Educational Institutions.Examination process - Tampering of - Entrance examination for admissions into medical colleges - Allegation of conspiracy inthe context of the examination - Cancellation of results of so111e candidates resulting in cancellation of their admissions - Criminal cases - Based on enquiry reports, Board concluded that there was tampering with the examination p;·ocess and the appellants as well as some other students resorted to unfair means at the said examination - Cuncellafion of admissions of appellants and others - Challenge against - Per C/1e/ameswar, J: The case on hand can fall within the category of exceptions to the rule of audi alteram partem if there is reliable material to hold that the examination process is vitiated - There was tampering with the examination process insofar as the appellants and a few others are concerned - There is no reason to interfere with cancellation of admission on the count that the rule of audi alteram partem was not complied with by the re:;pondents before cancelling the admissions of the appellants - However, question is whether these appellants deserve sympathy and whether society can afford to waste such technically trained and qualified human resources which require enormous amounts of energy, time and other material resources to generate - Appellants whatever by their role in tampering of the examination process must have been juveniles and cannot be subjected to punishment under criminal law - For the said reasons they should be permitted to complete their study of medicine and become trained doctors to serve the nation - It would serve the larger public interests, by making the appellants serve the nation for a period of five years as and when they become qualified doctors, without any regular salary and attendant benefits of service under the State and certificates of their medical degrees be handed over only after completion of five years - Per St1pre, J: The case at hand established a case of mass copying attributable to appellants who resorted to unfair means in a planned way in the PMT examination - It was neither necessary to give any show cause notice to the appellants nor necessary to supply the material to appellants - Procedure adopted by State!Vyapam cannot be said to be unfair or arbitrary - Action impugned is not in breach of rules of natural justice - Appellants are not entitled to claim equitable relief on the ground that they have almost completed their course during interregnum period - No case made out under Art.142 of the Constitution - State may consider permitting the appellants and other candidates alike the appellants to appear in the competitive examination whenever it is held and consider granting age relaxation to those candidates who crossed the age limit, if prescribed - Held: In view of difference of opinion, matter to be placed before the Chief Justice of India for appropriate orders - Constitution of India - Art.142 - Equity. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2017 INSC 131 |
Petitioner | Nidhi Kaim |
Respondent | State Of Madhya Pradesh & Others Etc. |
SCR | [2016] 7 S.C.R. 822 |
Judgement Date | 2016-05-12 |
Case Number | 1727 |
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