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2012 Supreme(Mad) 3589

High Court of Judicature at Madras
K. CHANDRU
S. Ganesh Ram
Versus
Vice Chancellor, Tamil Nadu Dr. M.G.R. Medical University, Guindy & Others
W.P.No.18618 of 2012
Decided On : 21-08-2012

Advocates:
Advocate Appeared:
For the Petitioner:D. Lingeswaran, Advocate.
For the Respondents: R1 to R3 - Mrs. Narmadha Sampath, Standing Counsel, R4 - V. Jayaprakash Narayanan, Spl. G.P.

The main legal point established in the judgment is the importance of fair procedures in conducting examinations and the need to prevent cheating and malpractice.

Headnote:

Copying - Examination Malpractice - Tamil Nadu Dr.M.G.R. Medical University Act - [Statute 7h read with II (a) of the Annexure under the heading of major malpractice / use of unfair means by the students in the Statutes of the Tamil Nadu Dr. MGR Medical University for Enforcement of Discipline in University examinations] - The court discussed the provisions of the University Act related to major malpractice and use of unfair means by students in university examinations. The court emphasized the importance of fair procedures in conducting examinations and the need to prevent cheating and malpractice.

Fact of the Case:

The petitioner challenged the cancellation of his examination results and subsequent debarment from writing the University examination for three subsequent sessions due to allegations of hi-tech copying during the MBBS Part-II Examination.

Finding of the Court:

The court found that the petitioner failed to appear before the committee to explain his innocence and that the university had taken steps to prevent future copying by fitting examination halls with mobile phone jammers and appointing a vigilance squad.

Issues: The issues involved allegations of hi-tech copying during the examination, the fairness of the investigation and decision-making process, and the petitioner's failure to appear before the committee to explain his innocence.

Ratio Decidendi: The court emphasized the importance of fair procedures in conducting examinations and the need to prevent cheating and malpractice. It also highlighted the petitioner's failure to take advantage of the opportunity to explain his innocence before the committee.

Final Decision: The writ petition was dismissed, and the court found no case to interfere with the impugned order, which was subsequently modified by the University to reduce the punishment to the benefit of the petitioner.

Judgment :-

1. Whether the movies like Munna Bhai, MBBS and Vasool Raja, MBBS is based on fact or fiction? The question in this case reflects the story line of the film in which the hero of the film uses a hi-tech device for copying in the examination and get his MBBS degree. The present case also showed that the petitioner and 7 others have used similar techniques for writing their examinations. One of them has come forward to challenge the action initiated by the University in this writ petition.

2. This writ petition is filed seeking to challenge an order passed by the third respondent Controller of Examination, Tamil Nadu Dr.M.G.R. Medical University, Chennai, dated 14.6.2012. By the impugned order, the petitioner was informed that the University had received a complaint from two students of Stanley Medical College, Chennai regarding copying using Hi-Tech equipments in final MBBS Part-II Examination held during February, 2012. The matter was taken by the Examination Discipline Committee (EDC). Based on the recommendation, an Expert Committee was constituted which upon scrutinizing the answer sheets of the petitioner, found evidence that the answers could have been dictated. This confirmed that he was involved in Hi-Tech copying. As it was a major malpractice as per the statutes of the University, he was informed that as per the statutes and recommendation of the Examination Discipline Committee, the examination taken by him during February, 2012 stood cancelled. He was also debarred to write the University examination for three subsequent sessions. He would be allowed to take the next examination only in February, 2014.

3. Subsequent to the impugned order, the petitioner sent a representation, dated 18.06.2012, stating that the committee had never made any enquiry with him and had not seized any incriminating materials from him. Only at the instigation of the University's Vice Chancellor, i.e., the first respondent and one Dr.Manickavel, with a view to take revenge on him, the case of copying has been foisted on him. Therefore, he sought for certain documents listed therein including the complaints received and the University's letters, minutes of the examination discipline committee, medical faculty experts opinion, standing council opinion, interim report received from the Cyber Crime Department and the letter sent by the Dean, Stanley Medical College. However the petitioner by a communication, dated 19.6.2012, was directed to be present in the meeting hall of the University on 21.06.2012 to explain the facts of copying in the examination held during February, 2012. However, instead of attending the enquiry, the petitioner has chosen to come before this court

4. When the matter came up on 20.07.2012, notice on admission was granted by this court. Mrs.Narmadha Sampath, learned Standing Counsel for the University was directed to get instructions from the respondents. On notice, a counter affidavit, dated 24.07.2012 was filed on behalf of respondents 1 to 3.

5. It is the stand of the petitioner that he had joined the MBBS course during the academic year starting from 2007 ending in February, 2012. He had appeared for MBBS Part II examinations in February, 2012. The results were published in their website on 27.3.2012. But the petitioner's result was withheld. Likewise certain other students' results were also withheld. Subsequently, the media, both print and visual had reported regarding mass copying in the centre at Stanley Medical College during the examination held in February, 2012. The first respondent gave several interviews to the media stating that a shirt containing an attached wire and a blue tooth device was confiscated from the college hostel and several students have used the hi-tech instruments for copying. A complaint was also made to the cyber crime. The results were withheld for about 10 students and they were enquired by the respondents. They also submitted a representation, dated 31.3.2012 to publish t





















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