1. Dispute regarding the validity of certificates issued by a fraudulent open examination system and eligibility for university degrees. (Para 3 , 4 )
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2020 Supreme(SC) 747
SUPREME COURT OF INDIA
SANJAY KISHAN KAUL, ANIRUDDHA BOSE, KRISHNA MURARI, JJ.
SAHIR SOHAIL & ORS. - Petitioners
Vs.
DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY & ORS. - Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 8148/2020
(Arising out of impugned final judgment and order dated 10-06-2020 in SA No. 563/2019 passed by the High Court Of Judicature At Allahabad, Lucknow Bench)
Petition(s) for Special Leave to Appeal (C) No(s). 10546/2020
Decided On : 07-09-2020
Advocates Appeared:
For the Petitioners: Mr. Gopal Sankarnarayanan,Sr.Adv., Mr. Ruchir Ranjan Rai,Adv., Mr. Anilesh Tewari,Adv., Mr. Desh Deepak,Adv., Mr. Mahesh Kumar,Adv., Mr. Suushant Yadav,Adv., Ms. Devika Khanna,Adv., Mrs.V.D.Khanna,Adv.,
For M/s. Vmz Chambers, AOR, Mr. Jitender Mohan Sharma,Sr.Adv., Mr. Ajit Sharma, AOR
For the Respondents: Mr. Amitesh Kumar,Adv., Ms. Binisa Mohanty,Adv., Ms. Priti Kumari,Adv., Mr. Mritunjay Kumar Sinha, AOR
For the Petitioners: Mr. Gopal Sankarnarayanan,Sr.Adv., Mr. Ruchir Ranjan Rai,Adv., Mr. Anilesh Tewari,Adv., Mr. Desh Deepak,Adv., Mr. Mahesh Kumar,Adv., Mr. Suushant Yadav,Adv., Ms. Devika Khanna,Adv., Mrs.V.D.Khanna,Adv.,
For M/s. Vmz Chambers, AOR, Mr. Jitender Mohan Sharma,Sr.Adv., Mr. Ajit Sharma, AOR
For the Respondents: Mr. Amitesh Kumar,Adv., Ms. Binisa Mohanty,Adv., Ms. Priti Kumari,Adv., Mr. Mritunjay Kumar Sinha, AOR
The Court held that students cannot be granted degrees or recognized status if their qualifying examinations were conducted through a fraudulent system. Sympathy cannot translate into legal relief when the underlying educational qualifications are invalid and unrecognized.
Headnote:
Special leave petition – Relief- Held, Court must also fault University to some extent which did not carry out an appropriate verification as also State Government which should have kept a watch for such fraudulent exam systems which operate out of one room - Court would call upon University and State Government to take immediate corrective action and also bring defaulters to book - Court do have sympathy but this is not a case where can really translate our sympathy to a relief in present case, more so, in view of fact that since this exam system is found to be fraudulent, petitioners before Court will never have a recognized plus two status and to give such students opportunity to get a degree from University will create a great anomaly - Court, thus, reluctantly dismiss Special Leave Petition.
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2. Petitioners sought recognition of their academic status and eligibility for degrees despite the fraudulent nature of the examination process. (Para 3 , 4 )
3. The examination process was a complete fraud, facilitated by the University's failure to verify and the State Government's lack of oversight. (Para 3 )
4. Relief cannot be granted to students of a fraudulent examination system lacking recognized qualifying status, as granting degrees would create a legal anomaly. (Para 4 )
5. Special Leave Petitions dismissed; directions issued for corrective action, prosecution of defaulters, and removal of fraudulent Board recognition from websites. (Para 2 , 5 , 6 )
6. Can students obtain university degrees if their qualifying examination system is found to be fraudulent?
No. Since a fraudulent examination system does not confer recognized qualifying status, granting such students the opportunity to obtain a degree would create a great anomaly. (Para 4 )
7. What are the obligations of universities and state governments regarding the oversight of examination systems?
Universities are required to carry out appropriate verification of qualifications, and state governments must maintain oversight to prevent the operation of fraudulent examination systems. (Para 3 )
ORDER :
SLP(Civil)10546/2020
1. Learned senior counsel for the petitioner seeks to withdraw the present petition.
2. The special leave petition is accordingly dismissed as withdrawn.
SLP(Civil)No.8148/2020
3.We have heard learned counsel for the parties at some length as it is an issue of the career of the students. However, we find not only from the facts of the present case, but also what emerged in the connected matter i.e. SLP(Civil)No.10546/2020 that the Jharkhand State open exam process itself appears to be a complete fraud. We must also fault the University to some extent which did not carry out an appropriate verification as also the State Government which should have kept a watch for such fraudulent exam systems which operate out of one room! We would call upon the University and the State Government to take immediate corrective action and also bring the defaulters to book.
4. We do have sympathy but this is not a case where we can really translate our sympathy to a relief in the present case, more so, in view of the fact that since this exam system is found to be fraudulent, the petitioners before us will never have a recognized plus two status and to give such students the opportunity to get a degree from the University will create a great anomaly.
5. We, thus, reluctantly dismiss the Special Leave Petition.
6. At this stage, learned senior counsel for the petitioner points out that the continuation on the website of the recognition of the Board is not only creating a problem in Jharkhand but also in other Universities and hence immediate steps should be taken in this behalf. We direct all concerned to do the needful within three days from today.
7. Pending application shall also stand disposed of.
