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SANDEEP MOUDGIL
Shivam Tanwar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sandeep Moudgil, J.
The jurisdiction of this court has been invoked under Article 226/227 of the Constitution of India for the issuance of writ in the nature of Certiorari quashing communication dated 11.10.2023 (Annexure P-2) directing the petitioners to appear before the Standing Committee, communication dated 17.10.2023 cancelling the entire examination in which petitioners appeared (Annexure P-4) and communication dated 20.10.2023 rejecting the application dated 18.10.2023 filed by the petitioners for reconsideration of Annexure P-4 (Annexure P-7) which has been passed by the respondent no.3 illegally, arbitrarily, unconstitutionally. Further to issue writ in the nature of Mandamus directing respondents to permit the petitioners to continue with and attend the regular classes for the current academic year and also to constitute an Independent High Powered committee to look into the discrepancies in conducting the examinations at the exam centre.
2. The essential skeletal material facts are that the petitioners after clearing National Eligibility-cum-Entrance Test (NEET) in 2021, got enrolled in MBBS course for a tenure of five and half years in Adesh Medical College
The court upheld the university's decision to cancel examinations due to proven use of unfair means, affirming that due process was followed, according to the governing ordinance.
What is to be looked into under the power of judicial review is whether there was any procedural violation involved in the entire gamut of events.
Differentiation between students who fail in examination and those punished for adopting unfair means, emphasizing the need to maintain the integrity of the educational system and the reasonableness ....
The court held that the decision of the respondent authorities to disqualify the petitioner under Regulation 5(a) without finding mala-fide possession of material was non-speaking and cryptic, and fa....
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....
A student cannot be punished for unfair means in an examination that has been legally cancelled.
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