Vyapam: SC upholds admission cancellation of 634 students

NEW DELHI: In a jolt to 634 medical students, the Supreme Court on Monday upheld cancellation of their admission in the MBBS course through Vyapam test in Madhya Pradesh for adopting unfair means, terming their action as “an act of deceit”.

A three-judge bench headed by Chief Justice J S Khehar said 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 individual or societal.

“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... We have no difficulty whatsoever in concluding in favour of the rule of law. Such being the position, it is not possible for us to extend to the appellants, any benefit under Article 142 of the Constitution,” the bench said.

The batch of matters were referred to the three-judge bench after a two-judge bench of Justices J Chelameswar and A M 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 bench on Monday said the case in hand highlighted the “mass fraud” and if any leniency was shown to the students, then it would encourage others to follow the same course.

Article 142 deals with special powers of the Supreme Court to enforce decree to meet the ends of justice.

The bench said if any leniency was shown to the students, then it would encourage others to follow the same course