The petitioner filed a writ petition against the quashing of his Third Professional MBBS Part-II exam result. The respondent Government Medical College canceled the result of his four papers. The college did not evaluate these papers.
Facts of the Case
The petitioner got admission in 2015 in the MBBS course in Government Medical College. In January 2020, his Third Professional MBBS Part-II exam was being held at Motihari College of Engineering. During the examination, the invigilator found the petitioner with a chit. The invigilator asked for an explanation. However, he denied copying from the chit. He contended that the chit was lying near his desk and did not belong to him. After the result was declared, he found out that the college did not release his result, and instead canceled the same.
The counsel contended that the authorities did not hear the petitioner. This is in direct violation of the principles of natural justice. The authorities did not see the answer papers or any material which supported the allegation. There was nothing to prove that the petitioner cheated using the chit. Hence, the decision of the university to cancel the examination is baseless. Due to the unjust decision, the college has jeopardized the career of a medical student.
The counsel contended that the invigilator found the petitioner copying from the chit. In adherence to Clauses 5 and 6 of the Rules for Unfair Means of the college, the invigilator filled up the form for reporting this matter. The petitioner also put his signature on the same form consensually. He further signed on another form which stated that the examinees could not carry such unwanted items in the hall.
The principal of the college knew of this case. Hence, the college decided to expel the petitioner. Moreover, the misbehavior of the petitioner continued after getting caught. The petitioners and other examinees created chaos and hurled abuses at the principal. They also destroyed the window glass and street lights situated within the campus. The principal reported this to the officer-in-charge of the Mussafil Police Station under Sec. 353 and 427 read with Sec. 34 of the Indian Penal Code.
Also, as per clause 7 of the Rules for Unfair means of the University, it sought an explanation from the petitioner. The college issued a show-cause notice and it contained the chit caught with the petitioner. The authorities also forwarded a copy of the notice to the principal of the petitioner’s college.
The petitioner submitted his reply in which he did not deny the recovery of the chit from his possession. He responded that he saw the chit of paper near his desk. He got anxious and in an attempt to get that away from his desk, he got caught by the invigilator. Hence, the invigilator misunderstood the situation. In the meeting, the Unfair Means Committee referred to the complaint and report.
In the present case, the petitioner himself admitted that the chit was in his possession. The petitioner was also issued a show-cause notice. The petitioner had not alleged any male fide against the invigilator. The university had followed the rules in a proper manner. Since the petitioner was found with the chit, the offense falls under Category 3 of the rules. Hence, all four papers were canceled. The petitioner was allowed a fair chance to make his defense.
The Court held that the writ petition was devoid of any merit. As a result, the Court dismissed the same.
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