Educational institutions must maintain strict examinations integrity; misconduct like cheating demands significant penalties to uphold academic discipline.

JUDGMENT

Subramonium Prasad, J.

CM APPL. 53802/2022 (Exemption)

Allowed, subject to all just exceptions.

LPA 713/2022

1. Aggrieved by the Order dated 22.11.2022 passed by the learned Single Judge in W.P.(C) 15449/2022, the Appellant has filed the instant appeal.

2. The Appellant herein is an engineering student and is in the third semester of Bachelor of Technology, Computer Science at Respondent No.1/Delhi Technological University.

3. It is stated that the Appellant was found using unfair means in the end-term second semester examination in two subjects, namely, (i) Programming Fundamentals (ii) Basic Electrical Engineering. It is stated that Respondent No.1 has imposed Category IV punishment on the Appellant. The Respondent has cancelled all the second semester examinations taken by the Appellant and the registration of the Appellant for the third semester has automatically been cancelled. The Appellant has been directed to register himself for second semester along with B. Tech students admitted in the year 2022.

4. Aggrieved by the said decision, the Appellant filed W.P.(C) 15449/2022, praying for the following reliefs:

"i) Issue directions/orders/writ in the nature of mandamus thereby setting aside or quashing the order dated 6/10/2022 passed by the competent authority that is Respondent no. 2 having approved the recommendation of the Unfair Means Scrutiny Committee cancelling all examinations of Second Semester of the petitioner and further cancelling his registration of Third Semester.

ii) Further quash the punishment awarded to the petitioner to register himself for Second Semester along with B.Tech students admitted in year 2022.

iii) Any other reliefs/directions which this Hon'ble Court may deem fit and proper in the facts and circumstances of this case to which the petitioner may be found deserving, may kindly be granted in favour of the petitioner and against the respondents."

5. It is the contention of the Appellant that he is a bright student who has won laurels at national levels and has been awarded scholarships in the National Talent Search Examination, 2019. A certificate of merit was awarded to him by the National Council of Educational Research and Training, New Delhi.

6. It is stated that the end-term theory examination of second semester was scheduled to be held with effect from 01.08.2022 onwards. It is stated that on 04.08.2022, while the examination for "Programming Fundamental" was being conducted, the invigilator on duty found a mobile phone with one of the students named Himanshu during the examination, which was used for the purpose of cheating.

7. It is stated that the mobile phone and the answer sheet was seized by the invigilator and the superintendant was apprised of the matter. It is stated that when the mobile phone was checked, a Whatsapp group of 22 students, which was named as "Ans.", was found. The said group had some portion of the question paper of "Basic Electrical Engineering" held on 03.08.2022 and some of the answers of "Programming Fundamentals" examination held on 04.08.2022. The question and answers had been shared in the group. It is stated that during inquiry, it was found that these pictures were shared from the mobile phone belonging to the Appellant.

8. It is the contention of the Appellant that his mobile phone was taken by his roommate, one Vatan Tomar and his phone had been misused by Vatan Tomar. It is stated that Vatan Tomar had used his mobile phone for sharing questions and answers of the said two examinations. It is stated that action was taken against all the 22 students who were part of the Whatsapp group. It is stated that on the basis of report of the superintendant, Respondent No.2/Controller of Examination, Delhi Technological University formed an Unfair Means Scrutiny Committee headed by him and a notice dated 21.09.2022 was issued to the students including the Appellant. The Appellant was directed to appear for a personal hearing before the U