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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Amit Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 1205 of 2019 & CM Appl. 5947 of 2019, W.P.(C) 1708 of 2019 & CM Appl. 7835 of 2019, W.P.(C) 9451 of 2019, W.P.(C) 10147 of 2019, W.P.(C) 10149 of 2019 & CM Appl. 41943 of 2019, W.P.(C) 10151 of 2019, W.P.(C) 10152 of 2019, W.P.(C) 10153 of 2019 &
Decided On : 22-09-2021
A governing body must ensure that penalties imposed are proportionate and justified by substantive violations directly attributable to the individual; mere association with misconduct does not warrant automatic debarment.
Headnote:(A) Union Public Service Commission Examination Rules - Violation of Rule 5 - The candidates challenged the cancellation of their NDA Examination candidacy and permanent debarment due to alleged association with an individual caught cheating, despite no allegations of cheating against them. (Paras 2-6)
(B) Fundamental Principle of Natural Justice - The court recognized that the UPSC's show cause notice did not implicate the petitioners directly in cheating and emphasized the need for proportionate penalties. (Paras 3, 6)
Facts of the case:
The petitioners were debarred from the NDA examination for failing to report cheating related to another candidate, although they had no allegations of misconduct against them. (Paras 2-5)
Findings of Court:
The petitioners' permanent debarment was reduced to the period already served after no criminal action was established, indicating a lenient reconsideration in light of their young ages and the time elapsed. (Paras 7, 8)
Issues: The primary issues revolved around the justification of the permanent debarment based on the actions of another candidate and the adequacy of the UPSC's processes.
Ratio Decidendi: The court ruled that the UPSC's actions lacked a substantive connection to cheating allegations against the petitioners, emphasizing the importance of fair procedure.
Result: Writ petitions disposed of as satisfied.
| Table of Content |
|---|
| 1. challenge to cancellation of candidates' admission (Para 2 , 3 , 4 , 6) |
| 2. no allegations of direct cheating against petitioners (Para 5) |
| 3. upsc's revised decision on debarment (Para 7) |
| 4. confirmation of the petition's relevancy (Para 8 , 9) |
| 5. disposal of the writ petitions (Para 10) |
JUDGMENT
Manmohan, J. (Oral)--The petitions have been heard by way of video conferencing.
2. Present writ petitions have been filed primarily challenging the impugned orders dated 09th November, 2018 passed by the UPSC cancelling the candidature of the Petitioners for National Defence Academy and Naval Academy Examination (II), 2018 and debarring the Petitioners permanently from appearing in all the future examinations/selections to be held by UPSC.
3. Learned counsel for the Petitioners states that the Petitioners had applied for the NDA Examination and were issued admit cards for the examination. He states that since mobile phones were not allowed in the examination hall, the Petitioners deposited their phones with the authorities. He points out that on the day of the NDA examination, a candidate by the name of Saurav Anand was arrested in Bihar for cheating through a mobile phone during the course of the examination.
4. He states that ten days after taking the exam, the Petitioners received show cause notices from UPSC regarding failure to report activities of the candidate Saurav Anand who was caught cheating red handed in the State of Bihar.
5. He emphasises that a perusal of the show cause notices reveals that the allegation against the Petitioners were that the Petitioners failed to report beforehand about the activities of Saurav Anand on the WhatsApp group. He contends that the show cause notices contain neither any allegation of cheating against the Petitioners nor an allegation that the Petitioners were in possession of `mobile phone' or were communicating with Mr. Saurav Anand on the WhatsApp group.
6. He states that vide impugned orders UPSC cancelled the candidature of the Petitioners for National Defence Academy and Naval Academy Examination (II), 2018 and debarred the Petitioners permanently from appearing in all the future examinations/selections to be held by UPSC
7. Today, Mr. Naresh Kaushik, learned counsel for UPSC states that UPSC has issued orders dated 15th September, 2021 to all the petitioners wherein it has converted the permanent debarment period to the actual period of debarment already undergone uptill now. He submits that the above orders have been issued as no criminal action has yet been established against the petitioners by Bihar Police and as the petitioners are of a young age and have a long future before them. The order dated 15th September, 2021 issued to one of the petitioners is reproduced hereinbelow for ready reference:-
"By Speed Post
No . 1/8(151/202 1/E-XII
Union Public Service Commission
(Examination Branch)
*******
Dholpur House, Shahjahan Road,
New Delhi-l10069
Dated: 15/09/2021
ORDER
That a cheating incident took place at the Patna Centre during conduct of the National Defence Academy/Naval Academy Examination (II), 2018, which was held on 09.09.2018. In this case, Shri Saurav Anand (the prime offender) was caught while using his mobile phone for cheating during currency of the Second Session (Paper-II) of the aforesaid Examination. In his undertaking, Shri Saurav Anand had stated that he used the mobile in both the Papers of the Examination. He further stated that he also transmitted questions through WhatsApp, to his friend and got back the answers. He also added that thereafter, his said friend Shri Jyotish Kumar Das transmitted the questions in the WhatsApp Group named Berojgartoliofficiall118.
2. That since Shri Amit Kumar was also the member of this WhatsApp Group, a Show Cause Notice was issued to him to explain his position as he was found to have acted in contravention of the relevant provisions of Rule 5 of the NDA & NA Examination (II), 2018 Rules. The Commis
