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2017 Supreme(MP) 1119
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Sanjay Yadav, S.K. Awasthi, JJ.
Dharmendra Singh Shakya – Petitioner
Versus
State of M.P. and others – Respondents
W.P. No. 2185, 6187 and 6202 of 2017
Decided On : 16-11-2017
For the Petitioner: Prashant Sharma
For the Respondent:Raghvendra Dixit, Government Advocate, Ms. Nidhi Patankar, Vivek Khedkar, Assistant Solicitor General
Fraud vitiates all action, and a fraudulent mode adopted to obtain admission empowers the Authority concerned to cancel the admission.
Headnote:
Rustication - M.B.B.S. Course - Indian Penal Code, Madhya Pradesh Examination Act - 419, 420, 467, 468, 471, 201, 120-B, section ¾ of Madhya Pradesh Examination Act - The court discussed the allegations of impersonation and unfair means in obtaining admission to the M.B.B.S. Course, the show cause notices issued to the petitioners, and the legal principles established in the cases of Pratibha Singh Ku. v. State of M.P. and Nidhi Kaim v. State of M.P. The court upheld the cancellation of admission based on the established fraud and deceit in obtaining admission.
Fact of the Case:
The petitioners were rusticated from the M.B.B.S. Course due to allegations of obtaining admission through impersonation and unfair means. Show cause notices were issued, and the petitioners denied the allegations, questioning the proposed action based on the documents seized by the Central Bureau of Investigation and the registration of offences under the Indian Penal Code and Madhya Pradesh Examination Act.
Finding of the Court:
The court upheld the cancellation of admission based on the established fraud and deceit in obtaining admission.
Issues: The issues involved allegations of impersonation and unfair means in obtaining admission to the M.B.B.S. Course, and the validity of the show cause notices and subsequent cancellation of admission.
Ratio Decidendi: The court relied on the legal principle that fraud vitiates all action and that a fraudulent mode adopted to get admission empowers the Authority concerned to cancel the admission.
Final Decision: The petition failed, and the court dismissed it without costs.
SANJAY YADAV, J.
This order shall govern the final disposal of W.P. No. 2185/2017, W.P. No. 6187/2017 and W.P. No. 6202/2017 which though were heard on different dates, but are decided by this common order as the issue involved is similar.
2. Rustication from the M.B.B.S. Course by order dated 22-3-2017 and 3-6-2017 has driven the petitioners to file these petitions for the quashment of said order. [Relevant facts are taken from Writ Petition No. 2185/2017]
3. The reasons for rustication as borne out from the impugned order is that the petitioner who got admission in the M.B.B.S. Course in the year 2010 used unfair means and got admission through impersonation for which an offence is registered against him forming subject-matter of Crime No. 358/2014 for offences punishable under section 419, 420, 467, 468, 471, 201, 120-B, Indian Penal Code and section ¾ of Madhya Pradesh Examination Act. Later on the investigation being taken over by the Central Bureau of Investigation and by letter No. 547 dated 9-4-2016, the case is transferred and remembered as RC2172015S0109.
4. Contention of the petitioner is that for the same reasons, the petitioner was rusticated by order dated 11-4-2016 which was challenged vide Writ Petition No. 2888/2016. The petition was disposed of in the terms of order dated 1-12-2014 passed in Arun Sharma v. State of M.P., 2015 (3) M.P.L.J. 206 that, by quashing order dated 11-4-2016, as the same was passed without affording an opportunity, the liberty was granted to take action after affording an opportunity of hearing.
5. That show cause notices were issued to the petitioners whereby they were called upon as to why because of they being prosecuted under section 419, 420, 467, 468, 471, 201, 120-B, Indian Penal Code and section ¾ of Madhya Pradesh Examination Act on the allegation of getting admission in the M.B.B.S. Course 2010 through impersonation, their admission be not cancelled in the term of paragraph 3.2 of Madhya Pradesh Medical and Dental Undergraduate Entrance Examination Rules, 2010 which stipulated:
“3.2 If it is found that a candidate has hidden any relevant facts and or provided incorrect information while filling up the application form, at the time of allotment of a seat, at the time of scrutiny of the documents or at the time of his/her admission, then the admission shall be cancelled by the Dean/Principal of the College, at any time during his/her studies.”
6. Petitioners denied the allegation and questioned the proposed action on the ground that their admission cannot be cancelled merely on the basis of the documents seized by the Central Bureau of Investigation and the registration of offence under section 419, 420, 467, 468, 471, 201, 120-B, Indian Penal Code and section ¾ of Madhya Pradesh Recognised Examinations Act. It was also contended that the petitioners having not being held guilty by the Court of law as would empower the Authorities to assume them guilty.
7. The authorities being not satisfied with the reply, passed the impugned order which is reproduced for ready reference:
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