Background:

The Punjab & Haryana High Court in the case of Shivam Tanwar and others v. State of Haryana and others overturned a single judge’s ruling that upheld the cancellation of the entire academic year for MBBS students allegedly involved in unfair means during an examination at a Rohtak university in Haryana. The university’s decision to cancel the exam was challenged by the students, asserting a lack of reasonable opportunity to defend themselves and inadequacy in the decision-making process.

Arguments of Both Parties:

Represented by Ashwani Kumar Chopra, the students contended that the university’s decision lacked valid reasons and violated the principles of natural justice. They argued that the cancellation of the entire MBBS exam for their alleged involvement in unfair means was disproportionate and unjustified.

Advocates representing the university, including Hitesh Pandit and H.S. Gill, defended the university’s decision to cancel the examination, citing unethical behavior by the MBBS students and emphasizing the critical need for ethical standards in the medical profession. They supported the decision by asserting that due opportunity of hearing was provided and that the seriousness of the alleged misconduct warranted cancellation of the exam.

Court Analysis:

The division bench of Justice Deepak Sibal and Justice Sukhvinder Kaur scrutinized the case, highlighting the violation of the principle of audi alteram partem (the right to be heard) in the cancellation of the MBBS examination. The Court pointed out the lack of reasons provided for the cancellation and the absence of a detailed inquiry into the alleged unfair means, noting that the irregularities were confined to a specific subject and date.

The Court stressed that the decision lacked proper procedure, reasoning, and fairness. It found the university’s action disproportionate and unjust, given the absence of a broader inquiry into individual culpability. The judges emphasized the need for a reasoned and fair order before such drastic actions impacting academic futures.

The Punjab & Haryana High Court set aside the single judge’s decision, ruling that the cancellation of the entire MBBS examination was untenable due to procedural irregularities and lack of adequate reasoning. It granted liberty to the university to initiate proceedings against the appellants while ensuring a fair and reasoned process adhering to the principles of natural justice.