Jharkhand State Open School a sham; SC ‘reluctantly’ refuses to allow students with JSOS certificates to continue their courses at APJAKTU

Supreme Court: The 3-judge bench of SA Kaul, Aniruddha Bose and Krishna Murari, JJ ‘reluctantly’ dismissed an SLP arising out of a Allahabad High Court order which held that the students with certificates from ‘bogus and fictitious’ organisations cannot be allowed to continue pursuing their courses at Dr APJ Abdul Kalam Technical University (APJAKTU).

The Court said,

“We do have sympathy but this is not a case where we can really translate our sympathy to a relief in the present case, more so, in view of the fact that since this exam system is found to be fraudulent, the petitioners before us will never have a recognized plus two status and to give such students the opportunity to get a degree from the University will create a great anomaly.”

The Court also took noticed that the Jharkhand State open exam process itself appears to be a complete fraud. It also faulted the University for not carrying out an appropriate verification as also the State Government “which should have kept a watch for such fraudulent exam systems which operate out of one room”.

The Court, hence, asked the University and the State Government to take immediate corrective action and also bring the defaulters to book.

On being apprised that the continuation on the website of the recognition of the Board is not only creating a problem in Jharkhand but also in other Universities and hence immediate steps should be taken in this behalf, the Court asked all concerned to do the needful within three days.

[Sahil Sohail v. Dr. APJ Abdul Kalam Technical University, 2020 SCC OnLine SC 719, order dated 07.09.2020]

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