The penalty imposed must be commensurate with the gravity of the misconduct, and any penalty disproportionate to the gravity of the misconduct would violate Article 14 of the Constitution.

JUDGMENT :

1. Heard Shri S. Biswajit Meitei, learned Advocate appearing for the petitioners and Shri Amarjit Naorem, learned Advocate for the UPSC, the respondent.

2. Since these writ petitions have arisen out of a similar set of facts and circumstances, the same are being disposed of by a common judgment and order.

3. The facts and circumstances of these cases are almost identical and since there is no much dispute between the parties as regards the facts and circumstances of the cases, the details thereof are not narrated herein.

4.1. The Petitioners are the students who are studying in different institutes/universities pursuing various courses. While the petitioners were undergoing XII standard or having just completed XII standard, they came to know about an advertisement for selection of Indian Armed Forces Officers through NDA Examination to be conducted by the Union Public Service Commission (hereinafter referred to as “the UPSC”). They all being eligible submitted their applications, duly filled and along with requisite documents, for the said examination, the written test of which was held on 10.09.2017 and one of the centres was at Manipur Public Service Commission Examination Hall. During the course of the examination, the petitioners were found to have used unfair means for which they received a letter dated 27-09-2017 as show cause notice issued by the Under Secretary (NDA, UPSC) for taking disciplinary action for having used unfair means.

4.2. On receipt of the said Show Cause Notice dated 27.09.2017, the petitioners gave their replies thereto stating that they were not fully aware of the rules and regulations of the examination that such dire punishment would be imposed for such acts. By the said replies, the petitioners made humble request to the Chairman, UPSC to kindly excuse them for their mistakes and prayed for pardoning them for their unintentional mistakes. They also assured the UPSC that they would not repeat such acts in future in any of the examinations conducted by the UPSC.

4.3. In spite of the said replies being given by them explaining the reasons for their mistakes committed in the examination hall and their assurance of not repeating the same in the future examination, the petitioners received the letter dated 10.11.2017 issued by the Under Secretary (NDA) Union Public Service Commission for taking disciplinary action of debarring them for 10 (ten) years from appearing in all future examinations/selections to be held by UPSC with effect from 24.10.2017.

4.4. The petitioners through their parents made a joint representation dated 28.08.2018 to the Chairman, UPSC praying for recalling the disciplinary action of debarring for 10(ten) years from appearing in all future examinations/selections to be held by UPSC with effect from 24.10.2017 and tendering unconditional apology with a beseech to make a sympathetic view in respect of their bonafide and unintentional mistakes committed in the examination. After the said representation submitted by them, the petitioners received another letter dated 03.10.2018 thereby reiterating the same disciplinary action of debarring for 10(ten) years from appearing in all future examinations/ selections to be held by UPSC with effect from 24.10.2017. Being aggrieved by the said letters dated 10.11.2017 and 03.10.2018 issued by the Under Secretary (NDA) Union Public Service Commission, these writ petitions have been filed by the writ petitioners.

5. The unfair means alleged to have been committed by the petitioners, as relied upon by their counsel, are given below: