SAMEER JAIN
Naveen Yadav, Son Of Shri Subhash Chand Yadav – Appellant
Versus
Rajasthan University Of Health Sciences – Respondent
JUDGMENT :
1. Considering the interwoven controversy, identical factual narrative and with the consent of the concerned counsel, the instant petitions were clubbed together and are hence adjudicated by this common judgment. S.B. Civil Writ Petition No. 10906/2018 titled as Naveen Yadav Vs. Rajasthan University of Health Science and Ors. is taken as the lead petition. It is made clear that the instant judgment shall be made applicable of mutatis mutandis basis on instant batch of petitions.
2. The lead petition is filed with the following prayers:
ii) Any consequential order passed against the petitioner be quashed and set aside.”
3. Considering the checkered history, prolonged time-line and for the sake of convenience, the petitions filed by the petitioners or the similarly situated persons insofar for the said subject matter/dispute are tabulated herein below:
| Title and crede | |
Basheera Begam Vs. Mohammed Ibrahim & Ors. reported in 2020 (11) SCC 174
Board of High School & Intermediate Education
Nidhi Kaim Vs. State of Madhya Pradesh reported in 2016(7) SCC 615
Nidhi Kaim Vs. State of Madhya Pradesh reported in 2017(4) SCC 1
S.P. Chengalvarya Naidu Vs. Jagannath & ors. reported in (1994) 1 SCC 1
State of Chattisgarh & ors. Vs. Dhirjo Kumar Sengar reported in (2009) 13 SCC 600.
State of Rajasthan & Anr. Vs. JK Synthetics Ltd. & Anr. reported in AIR 2011 SCW 5656
The court affirmed that admissions obtained through fraud are invalid, emphasizing that principles of natural justice do not apply in such cases.
The court emphasized the right to a speedy trial under Article 21, while stating that ongoing investigations into alleged examination malpractice must conclude to ensure fair treatment of innocent ca....
The university cannot cancel a degree after the completion of the course and must follow a fair procedure in reaching such decisions.
In cases of erroneous admissions, the institution cannot cancel admissions after the course has started if the candidates were not at fault, and the principle of estoppel applies.
The court emphasized the need for proportionality and discretion in disciplinary matters, stating that harsh penalties like permanent expulsion are disproportionate and should allow for opportunities....
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