Rajasthan High Court Grants Relief To IIT-JEE Candidate Debarred For Two Years After Caught Cheating

The Rajasthan High Court has granted relief to a IIT-JEE Candidate debarred for two years after getting caught cheating during exam and copying from another candidate.

The Court was considering a Writ Petition seeking quashing of an order issued by the National Testing Agency in categorizing the result of Petitioner as Unfair Means (UFM) and further debarring him for academic session 2025-26 and 2026-27.

The single bench of Justice Anoop Kumar Dhand observed, "The aforesaid action of the respondents has resulted in utter violation of principle of natural justice - “audi alteram partem” which means “let the other party be heard”, before taking adverse action or before passing any adverse order against a person, it is a bounden duty of the authority concerned to afford an opportunity of hearing to him. The penalty inflicted upon the petitioner would certainly spoil his career and will carry stigma with him for all times to come and will create an impediment, whenever he would come ahead to get public employment."

The Petitioner was represented by Advocate Deepak Bishnoi while the Respondent was represented by Advocate M.S. Raghav.

Facts of the Case

The Petitioner had challenged the result declared by the Respondents, by which the result of the Petitioner was withheld for allegedly using unfair means and the Petitioner was deprived from academic sessions 2025-26 and 2026-27. A further prayer was made for issuing directions to the Respondents to declare the result of the Petitioner of JEE (Main), 2025 and allow him to participate in JEE (Advance), 2025.

Counsel for the Petitioner submitted that he was fired by the Respondents simply on the basis of some CCTV footage and the Respondents themselves are not clear about the evidence furnished by the authority and an ex-parte decision was taken without even issuing any notice or providing any opportunity of hearing to the petitioner and straightaway the order has been passed against the Petitioner.

He thus averred that the Principle of Natural Justice requires that before taking any adverse decision against a person, at least, an opportunity of hearing is required to be given to him. It was further averred that such an action on the part of the Respondents would create stigma on the educational career of the Petitioner and the Petitioner would not be in a position to study further and get employment in future.

Reasoning By Court

The Court noted that it is a fact that the Respondents did not afforded any opportunity of hearing to the Petitioner and straightaway the order impugned was passed.

"It is settled proposition of law that whenever any stigmatic order is passed against a person, which causes stigma on his career in future, it is bounden duty of the authority concerned to provide him opportunity of hearing, before passing such order.....In the instant case, aforesaid exercise has not been done by the respondents," it observed.

The Court thus directed the Respondents to take a fresh decision after affording due opportunity of hearing to the petitioner and pass appropriate reasoned and speaking order, after hearing the side of the Petitioner.

The Petition was accordingly disposed of.

Cause Title: Mahir Bishnoi vs. National Testing Agency (2025:RJ-JP:22330)

Appearances:

Petitioner- Advocate Deepak Bishnoi

Respondent- Advocate M.S. Raghav, Advocate Mananjay Singh Rathore

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