Persons Using Unfair Means To Steal March Over Students Who Work Hard Have To Be Dealt With Heavy Hand: Delhi HC

The Delhi High Court has dismissed the appeal filed by an engineering student who was found using unfair means in the end-term second semester examination.

The University had cancelled all the second-semester examinations taken by the Appellant-student and his registration for the third semester was automatically cancelled.

"Persons using unfair means to steal march over students who work hard to prove their worth has to be dealt with a heavy hand. Students, who resort to unfair means and get away with it, cannot build this nation.", the bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed.

Advocate Sriram P appeared for the appellant whereas Standing Counsel Avnish Ahlawat appeared for the Respondent-University. Anuj Aggarwal, ASC appeared for Government of NCT of Delhi.

In this case, during the end-term examination, mobile phone was found in possession of one student.

The said mobile phone contained Whatsapp group called "Ans.", in which the answers to the questions and the question papers were being shared amongst 22 students. The Appellant is a Member of the said group.

The Unfair Means Scrutiny Committee found that the Appellant was in knowledge of the fact that he is a part of the Whatsapp group before the exam, in which the answers and the questions were shared.

Thereafter "Category IV" punishment was imposed on the Appellant by the competent authority on the recommendations of the Unfair Means Scrutiny Committee.

The Appellant challenged the order and the appellant contended that his mobile phone had been taken by one of the students and has been misused by him.

The Single Judge after going through the material on record held that the University has undertaken a thorough probe and has examined all the material placed before it and has come to the conclusion that the Appellant was guilty of using unfair means.

The Single Judge was of the opinion that the University is the best judge and the decision taken by the University does not warrant any interference.

In the appeal, the Division Bench observed that "The facts in the case demonstrate that the students have been able to get hold of the question paper and they have shared the questions and answers amongst themselves, giving them unfair advantage against students who would have burnt their midnight oil to prepare for the exams."

The Court upheld the Order of the Single Judge while dismissing the appeal.

Cause Title- Yogesh Parihar v. Delhi Technological University & Ors.

Click here to read/download Judgment