In a setback to 634 MBBS students in Madhya Pradesh, the Supreme Court on Monday upheld the cancellation of their admission in the degree course which they had gained through unfair means during 2008-2012.
Terming their ‘achievement’ as ‘an act of deceit’, a three-judge bench headed by Chief Justice JS Khehar said that the actions of the students were founded on ‘unacceptable behaviour’ and warranted no interference under Article 142 of the Constitution.
"The actions of the appellants are founded on unacceptable behaviour and in complete breach of the rule of law. Their actions constitute acts of deceit, invading into a righteous social order. National character, in our considered view, cannot be sacrificed for benefits of individual or societal,” the bench said.
The batch of matters were referred to the three-judge bench after a two-judge bench of Justices J Chelameswar and AM Sapre, though they concurred regarding guilt of adopting unfair means by the medical aspirants, but had differed on the quantum of sentence.
During the hearing earlier, the three-judge bench, also comprising Justices Kurian Joseph and Arun Mishra, had referred the case back to the bench of Justices Chelameswar and Sapre seeking a clarification on whether it can go into the entire matter afresh or restrict itself to the quantum of sentence.
In its 87-page judgement, the court said that the case in hand highlighted the ‘mass fraud’ and if any leniency was shown to the students, then it will encourage others to follow the same course.
"The present case unfolds a mass fraud. The course suggested, if accepted, would not only be imprudent, but will also be irresponsible. It would encourage others to follow the same course," the bench observed.
The medicos had challenged two verdicts, delivered in 2014, of the Madhya Pradesh High Court dismissing their pleas against cancellation of the results in the entrance examinations held between 2008 and 2013 by the Madhya Pradesh Professional Examination Board (MPPEB), also known as VYAPAM.
In its inquiry, the examination board had concluded that the exam process was tampered with and these 634 medicos were the beneficiaries of the manipulated examination process.
