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2025 Supreme(Online)(Raj) 11096
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
BHAGWAN SINGH S/O SHRI SHANKAR SINGH – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 6644 / 2025
Mr. Rajneesh Gupta with Mr. Utkarsh Goyal and Ms. Chanchal Mr. Ghanshyam Singh Rathore with Mr. Santosh Singh Shakhawat, Mr. Yash Vardhan Singh Bhati and Mr. Gajraj Singh Rajawat Mr. Kirtiwardhan Singh Rathore for Respondent(s): Mr. Yash Joshi for Mr. Vigyan Shah, AAG Mr. Pradhuman Singh Rathore Mr. Pradeep Kumar
The mere filing of an FIR does not justify automatic suspension from examinations; administrative decisions regarding student admissions must be justified.
Headnote:(A) National Medical Commission Regulations - Allegations of misconduct in NEET Examination - Petitioners, students of MBBS, suspended for allegedly appearing as dummy candidates - Similar petitions allowed by the court for other candidates under identical circumstances - Court emphasizes that mere filing of FIR does not justify suspension from examinations. (Paras 1, 6, 7)
(B) Administrative Decision - The court clarifies that the decision to admit students lies within the administrative purview of the college, and suspension orders must be justified. (Paras 3, 6)
Facts of the case:
Petitioners were suspended after being charged with serious misconduct related to the NEET Examination. Other similarly situated candidates were allowed to appear in their examinations.
Findings of Court:
Petitioners are permitted to appear in their MBBS Examinations on a provisional basis, with results subject to the outcome of their writ petitions.
Issues: The main issues include whether the suspension was justified based on the FIR and the implications of administrative decisions regarding student admissions.
Ratio Decidendi: The court ruled that the mere filing of an FIR does not warrant automatic suspension from examinations, and administrative decisions must be made with due consideration.
Result: Petitioners allowed to appear in examinations provisionally.
Order
23/05/2025
1. Counsel for the petitioners submits that the petitioners are students of MBBS course and an FIR was registered against them with the allegation that they appeared as dummy candidate in NEET Examination on behalf of other candidates. Counsel submits that after investigation, charge- sheet has been submitted and trial has commenced and only on this pretext, the petitioners have been suspended. Counsel submits that as a consequence of the suspension order, the respondent-University is not allowing them to appear in the forthcoming examination, therefore, permission be granted to the petitioners to appear in the aforesaid examination. Counsel submits that similar suspension orders have been passed against other candidates namely Vikash Vishnoi, Vikas Bishnoi, Lokesh Kumar Khichar, Nirmal Seervi, Himanshu Joshi and Bhagirath Ram and they have preferred separate writ petitions bearing S.B. Civil Writ Petition Nos.8864/2025, 8763/2025, 8773/2025, 9177/2025, 9476/2025 and 9550/2025 before the Principal Seat at Jodhpur and the Co- ordinate Bench at Principal Seat at Jodhpur vide its order dated 23.05.2025 i.e. today, has allowed those persons/petitioners to appear in the MBBS Examination of the respective years, subject to outcome of the criminal cases pending against them before the competent Court of law. Counsel submits that the respondent-University has been further directed not to release their degrees. Counsel submits that under these circumstances, the petitioner may also be allowed to appear in their respective MBBS Examinations.
2. Learned counsel for the respondents opposed the arguments raised by counsel for the petitioners and submitted that the aforesaid act of the petitioners amounts to serious misconduct and malpractice, which has been used by them, while appearing as dummy candidate in NEET UG Examination, 2024 and after investigation, they were caught red-handed and were arrested and thereafter, charge-sheet has been submitted against them and now, they are facing trial.
3. Counsel for the University submits that the impugned suspension orders of the petitioners have been passed on the basis of the letter received from the National Medical Commission.
4. Counsel for the CBI submits that the petitioners are part of syndicate/gang operating in such like matters and handsome amount has been given to the petitioners for appearing as dummy candidates on behalf of the original candidates and their involvement has also been found by the NIA as their bio-metric and aadhar were found to be forged and fabricated. Counsel submits that after thorough investigation, the role of the petitioners has been found and accordingly, charge-sheet has been submitted against both of them.
5. Heard and considered the submissions.
6. Perusal of the record indicates that after registration of FIR against one of the petitioners-Abhishek Kumar Jindal, the respondent-University sought legal opinion, wherein it was indicated that mere filing of an FIR cannot be a ground to refuse admission of student to studies and it comes within the purview of administrative decision of the concerned College, to admit him or not. The aforesaid communication took place between the authorities of the respondent-University and thereafter, the petitioner-Abhishek Kumar Jindal was allowed to appear in the examinations conducted in the month of December, 2023 and now, he has been suspended by the College vide order dated 21.04.2025 and likewise, the other petitioner i.e. Bhagwan Singh has also been suspended from the College.
7. Considering the arguments put forward by the learned counsel for the petitioners that under the identical circumstances, the Principal Seat of this Court has allowed the similarly situated persons to appear in their respective MBBS Examinations and orders have been passed in their writ petitions being S.B. Civil Writ Petition Nos.8864/2025, 8763/2025, 8773/2025, 9177/2025, 9476/2025 and 9550/2025 and looking to the fact that the exam
