Case BriefsSupreme Court

Supreme Court: In the matter where the appellants had challenged the order cancelling the admissions to Medical Institutes in the wake of the VYAPAM Scam and had sought for direction allowing them to complete their education to satisfy the demands of justice as the future of 634 students was at stakes, the 3-judge bench of J.S. Khehar, CJ and Kurian Joseph and Arun Mishra, JJ said that the actions of the appellants, are founded on unacceptable behaviour, and in complete breach of the rule of law and hence, refused to invoke Article 142 of the Constitution.

The present controversy arose after the Madhya Pradesh Professional Examination Board cancelled the results of the appellants admitted to the MBBS course during the years 2008 to 2012, on the ground that the appellants had gained admission to the course, by resorting to unfair means, during the Pre-Medical Test. The manipulation by which the appellants obtained admission involved, not only a breach in the computer system, whereby roll numbers were allotted to the appellants, to effectuate their plans. It also involved the procurement of meritorious candidates/persons, who would assist them, in answering the questions in the Pre-Medical Test. The appellants’ position, next to the concerned helper, at the examination, was also based on further computer interpolations. Not only were the seating plans distorted for achieving the purpose, even the institutions where the appellants were to take the Pre-Medical Test, were arranged in a manner, as would suit the appellants, again by a similar process of computer falsification.

On 12.05.2016, the bench of J. Chelameswar and A.M. Sapre, JJ had given a split decision and had placed the matter before the Chief Justice of India. Chelameswar, J was of the view that the knowledge of the appellants would be simply rendered useless for the society in the sense their knowledge cannot be utilized for the welfare of the society, said that the appellants be allowed to complete their education. Sapre, J, on the other hand, said that grant of any equitable relief may be construed as awarding premium to the appellants of what they did.

Agreeing with the view taken by Sapre, J, the Court said that the actions of the appellants constitute acts of deceit, invading into a righteous social order. Rejecting the argument that individual benefits, that may be drawn by the appellants, may be drastically curtailed, and their academic pursuit be regularised, for societal benefit, the Court said that national character cannot be sacrificed for benefits – individual or societal. It was held that even the trivialist act of wrong doing, based on a singular act of fraud, cannot be countenanced, in the name of justice. The present case, unfolds a mass fraud. The course suggested, if accepted, would not only be imprudent, but would also be irresponsible. It would encourage others, to follow the same course. The bench said that “If we desire to build a nation on the touchstone of ethics and character, and if our determined goal is to build a nation where only the rule of law prevails, then we cannot accept the claim of the appellants, for the suggested societal gains.” [Nidhi Kaim v. State of Madhya Pradesh, 2017 SCC OnLine SC 123, decided on 13.02.17]

Case BriefsSupreme Court

Supreme Court: The matter where the appellants had challenged the order cancelling the admissions to Medical Institutes in the wake of the VYAPAM Scam, has been placed before the Chief Justice of India owing to the split decision given by the bench of J. Chelameswar and A.M. Sapre, JJ on the issue that whether Article 142 of the Constitution be invoked in order to allow the appellants to complete their education to satisfy the demands of justice as the future of 634 students was at stakes.

Chelameswar, J, considering that the knowledge of these appellants would be simply rendered useless for the society in the sense their knowledge cannot be utilized for the welfare of the society, said that the appellants be allowed to complete their education. However, he added that it would serve the larger public interests, by making the appellants serve the nation for a period of five years as and when they become qualified doctors, without any regular salary and attendant benefits of service under the State, nor any claim for absorption into the service of the State subject of course to the payment of some allowance (either in cash or kind) for their survival. He also suggested that they serve the Indian Armed Services and that they be handed over the certificates of their medical degrees only after they complete the abovementioned five years.

Sapre, J., on the other hand, said that no case was made out for passing any directions under Article 142 of the Constitution as grant of any equitable relief may be construed as awarding premium to the appellants of what they did. It would demoralize the meritorious students who could not secure the admission on their merit due to the appellants’ entry in the Colleges by illegal means. He, however, said that the State may consider permitting the appellants and other candidates alike the appellants to appear in the competitive examination whenever it is held and consider granting age relaxation to those candidates who crossed the age limit, if prescribed. He was of the view that it is the collective responsibility of the Government (Central/States), educational bodies/Institutions to ponder over and evolve a uniform policy in a comprehensive manner to firmly deal with such activities in the larger public good. [Nidhi Kaim v. State of Madhya Pradesh, 2016 SCC OnLine SC 547, decided on 12.05.2016]