The Punjab and Haryana High Court emphasized that MBBS students must adhere to the highest ethical standards due to the critical nature of their profession.

The Court noted that resorting to unfair means for qualifying exams not only results in a lack of competence but also poses a potential threat to the life and health of patients.

The Court dismissed the Petition filed by students who had challenged the decision of the University to cancel the examination.

The Bench of Justice Sandeep Moudgil observed, “The medical field requires a deep and thorough understanding of scientific and medical knowledge. Cheating or using unfair means to pass exams can lead to a lack of competence, potentially endangering the health and lives of patients… The MBBS students, are expected to uphold the highest ethical standards and demonstrate competence and integrity in their work”.

Senior Advocate Ashwani Kumar Chopra appeared for the Petitioners and Advocate Harmonjot Singh Gill appeared for the Respondents.

The Petitioners cleared the National Eligibility-cum-Entrance Test (NEET) and enrolled in the MBBS course at Adesh Medical College and Hospital (College) affiliated with the Second Respondent (University) for five and a half years. University rules mandate clearing all examinations to progress to the next academic year. The Petitioners, assigned to Shri Krishna Govt Ayurvedic College (Examination College) appeared for the annual examinations of the first academic year. The University declared the results, announcing the petitioners as 'PASSED.' Result-cum-Detailed Marks were issued by the Controller of Examinations (Controller/Third Respondent).

The Petitioners approached the High Court with a writ petition under Articles 226 and 227 of the Constitution of India, challenging three communications issued by the Respondent. These communications included instructions to appear before the Standing Committee, the cancellation of the entire examination in which the petitioners participated, and the rejection of the application for reconsideration of the cancellation. The Petitioners contended that these actions by the Controller were conducted illegally, arbitrarily, and unconstitutionally.

The Court noted that the issue arose when the Registrar of Shri Krishna Ayush College, Kurukshetra, cited irregularities at the examination center and recommended the registration of an FIR. The Court noted that after a thorough investigation the Respondents Prima facie, identified the petitioners and other students using unfair means.The Bench observed that the Petitioners were called to appear before the Standing Committee to explain and submit their defense. The proceedings indicated that the Petitioners appeared but denied recognizing the students in the CCTV footage. After a thorough investigation, a memo was issued, affirming the decision of the University. The Court, after watching the CCTV footage, noted that the Petitioners' attempt to build a defense was not convincing, as the faces of all students, including the Petitioners, were identifiable.

Addressing the claim of not providing a reasonable opportunity, the Court noted that all Petitioners were called to appear in person before the Standing Committee on unfair means. The Court observed that there is a proper application of reasonableness and the principle of natural justice, and the actions of Respondents were not ultra vires of the Constitution, discriminatory, or arbitrary.

Furthermore, the Court noted that the Petitioners used unfair means during the examination, falling within various clauses of Clause 4 of the Ordinance. The Standing Committee on Unfair Means, empowered by the ordinance, followed the prescribed procedure and unanimously decided to cancel the entire examination in which the petitioners appeared.

The Bench emphasized the importance of maintaining high ethical standards in the medical profession and the severe consequences of using unfair means in examinations for medical students. The Court observed that the decision of the Respondent University to cancel the examination did not warrant interference.

“Using unfair means in examinations not only jeopardizes their own careers but can also have serious consequences for the nation's health care system and the well-being of its citizens. Building a nation's health care infrastructure and ensuring the health and safety of its citizens requires a strong foundation of ethical and competent medical professionals. Such act especially by MBBS (Bachelor of Medicine, Bachelor of Surgery) students is detrimental not only to the individuals involved but also to society at large”, the Bench noted.

Accordingly, the Court dismissed the Petition.

Cause Title: Shivam Tanwar And Others v State Of Haryana And Others (2023:PHHC:141492)

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Punjab and Haryana High CourtJustice Sandeep Moudgil

Jayanti Pahwa