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2024 Supreme(Raj) 1421

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN, J.
Naveen Yadav, Son Of Shri Subhash Chand Yadav – Appellant
Versus
Rajasthan University Of Health Sciences - Respondents
S.B. Civil Writ Petition No. 10906/2018, S.B. Civil Writ Petition No. 10908/2018, S.B. Civil Writ Petition No. 10904/2018, S.B. Civil Writ Petition No. 10905/2018, S.B. Civil Writ Petition No. 10907/2018, S.B. Civil Writ Petition No. 10909/2018, S.B. Civil Writ Petition No. 10910/2018, S.B. Civil Writ Petition No. 10911/2018, S.B. Civil Writ Petition No. 13438/2018
Decided on : 03-12-2024

Advocates:
Advocate Appeared:
For the Appellant : Mr.AK Sharma, Sr.Adv. assisted by Mr.Sandeep Singh Shekhawat Mr.Akshay Dutt Sharma Mr.Rinesh Gupta
For the Respondent:Mr.Rajendra Prasad, Advocate General with Ms.Dhriti Laddha – for State Mr.MA Khan with Ms. Rekha Jain & Ms.Shama Khan, Mr.Saransh Saini, Mr.Arnav Singh for Mr.Sandeep Pathak, Mr.Nikhil Saini - for RUHS, Mr.Rachit Sharma, Mr.Yash Joshi

IMPORTANT POINT
The court affirmed that admissions obtained through fraud are invalid, emphasizing that principles of natural justice do not apply in such cases.

Headnote:

(A) Rajasthan Pre-Medical Test, 2009 - Cheating by impersonation - The petitioners sought to quash the order dated 17.11.2017 cancelling their MBBS admissions due to alleged cheating. The court emphasized the importance of integrity in medical education and upheld previous judgments that cancelled admissions based on fraud. (Paras 31.1, 31.4, 31.6)

(B) Natural Justice - The court ruled that principles of natural justice do not apply when fraud is established, and the admissions obtained through unfair means can be annulled even after years. (Paras 31.8, 31.9)

Facts of the case:

The petitioners were admitted to the MBBS course after passing the RPMT, but their admissions were later cancelled due to allegations of cheating by impersonation. (Paras 4-6)

Findings of Court:

The court found that the admissions were rightly cancelled based on the findings of the P.K. Singh Committee and previous judgments. (Paras 31.1, 31.4)

Issues: The main issues were the validity of the cancellation of admissions and the application of natural justice principles in cases of fraud. (Paras 12, 31.1)

Ratio Decidendi: The court held that fraud vitiates all actions, and admissions obtained through cheating cannot be upheld. (Paras 31.6, 31.8)

Result: The petitions were dismissed, and the cancellation of admissions was upheld.

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:

    “i) The impugned order dated 17.11.2017 (Annex.13) may kindly be quashed and set aside and the petitioner may kindly be declared entitled prosecute the studies for the future course of studies of MBBS course and in case the petitioner completes this MBBS Course successfully he may be awarded degree thereof.

    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 credentials of the petition

Observation

S.B. Civil Writ Petition No. 9952/2009 titled as Jhabar Singh Vs. State of Rajasthan and Ors.

Vide order dated 31.03.2011 directions to cancel the admission of 16 candidates/students and lodging of an F.I.R

S.B. Civil Writ Petition No. 7248/2011 titled as Bhupendra Pratap Singh Rathore Vs. Rajasthan University of Health Science and ors.

Vide order dated 31.05.2011 directions for cancellation of the admission of the

D.B. Special Appeal (Writ) No. 595/2014 titled as Bhupendra Pratap Singh Rathore Vs. Rajasthan University of Health Science and ors

Dismissed vide order dated 25.04.2014.

D.B. Civil Review Petition No. 133/2016 titled as Bhupendra Pratap Singh Rathore Vs. Rajasthan University of Health Science and ors.

Allowed vide order dated 17.09.2016 and order dated 25.04.2014 was recalled and modified.

S.B. Civil Review Petition No. 222/2016 titled as Bhupendra Pratap Singh Rathore Vs. Rajasthan University of Health Science and ors.

Vide order dated 07.12.2016 the plea of review was rejected.

D.B. Special Appeal (Writ) No. 385/2017 titled as Om Prakash Paliwal & Ors. Vs. Rajasthan University of Health Science and Ors.

Vide ex parte order dated 30.05.2017, the said appeal was disposed of.

FACTUAL BACKGROUND/TIME-LINE OF LITIGATION

4. The instant petitions are filed assailing the impugned order dated 17.11.2017 whereby the respondent-RUHS had cancelled the admission(s) granted to the petitioner(s), in the MBBS course on account of the offence of cheating by impersonation in the Rajasthan Pre-Medical Test, 2009.

5. The petitioner(s) appeared in the Rajasthan Pre-Medical Test, 2009 (hereinafter referred to as RPMT) and were declared successful. Resultantly, the petitioner(s) were allotted with the Medical Colleges as per the rank scored by them. Subsequently, in the year 2011, whilst the petitioner(s) were pursuing the said course, a news was published wherein, it was stated that a judgment was passed by the Court on the basis of a police report whereby, 16 students who have committed the offence of cheating by impersonation in the RPMT, 2009, were named.

6. Therefore, vide judgment dated 31.03.2011 passed in S.B. Civil Writ Petition No. 9952/2009 titled as Jhabar Singh Vs. State of Rajasthan and Ors. the admission of the said 16 students was cancelled. Subsequently, vide order dated 20.04.2011 show cause notices were issued to the petitioners qua which the petitioners therein furnished a reply on 30.04.2011. Consequentially, vide order dated 12.05.2011 passed by the respondent-RUHS whilst following the principles of natural justice, a direction to cancel the admission so granted to the petitioners therein was pa

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