SAHIR SOHAIL vs A. P. J. ABDUL KALAM TECHNICAL UNIVERSITY

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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

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.

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 The special leave petition is accordingly dismissed as withdrawn.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.

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