Cheating, using unfair means to pass exams lead to lack of competence, endangering patients' lives: HC slams MBBS students, denies relief

Chandigarh: Pointing out that medical professionals are entrusted with the well-being and lives of patients, the Punjab and Haryana High Court recently observed that the use of unfair means in examinations by medical students demonstrates a lack of integrity and ethical values and it ultimately becomes a serious concern when making life-or-death decisions in the health care field.

The Court further opined that cheating or using unfair means to pass exams ultimately questions the competence of the doctor and can lead to a lack of competence, potentially endangering the health and lives of patients.

With this observation, the HC bench comprising Justice Sandeep Moudgil denied interfering in a Medical University's decision to cancel the entire examination as the students were found using unfair means.

"Using unfair means in examinations is not only unethical but also detrimental to the overall development of individuals and the nation as a whole. MBBS students, who are pursuing a career in medicine, are expected to adhere to the highest ethical standards due to the critical nature of their profession," the bench opined.

The bench further noted that MBBS students are expected to uphold the highest ethical standards and demonstrate competence and integrity in their work.

"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," it further observed.

These observations were made by the Court while considering the plea filed by the MBBS students of a Medical College in Haryana, who approached the court challenging the University's decision to cancel the entire examination after the students were found to be cheating in the first academic year paper.

Filing the plea, those students of Adesh Medical College and Hospital, Shahbad sought directions to be allowed to continue attending the classes in the second year. They also sought an Independent High Powered committee to look into the discrepancies in conducting the examinations at the exam centre.

It was contended by the petitioners' counsel that the petitioners were not given any opportunity to be heard and therefore the University's decision of cancelling the examination as a whole qua the petitioners suffered from illegality.

However, rejecting such contentions, the HC bench noted, "University duly supported by the documentary evidence in the form of original record of the proceedings of various committees including the Standing Committee on unfair means that due opportunity of hearing had been given to all the petitioners and even otherwise in a case of copying in the manner, as has been done in the instant case, is clearly evident from the CCTV footage, the principle of natural justice need not be strictly complied with."

Another argument on the behalf of the petitioners was that Clause 4 of the Ordinance was not complied with as the Ordinance does not have any provision to cancel the entire examination.

After perusing the concerned Ordinance, the bench noted,

"Thereafter, the procedure as stipulated in the said ordinance vide clause 6 and 8 has also been followed, wherein the Superintendent of Examination Center namely Dr. Vidushi Tyagi has duly reported to the University the irregularities at the said center with specifying room no.75. It is on the basis of said report, as per Clause 7 of the Ordinance, the Internal Standing Committee was constituted, which conducted a preliminary inquiry and Standing Committee on Unfair Means dealt with the issue, which has the powers as enshrined vide Clause 8 therein. Ordinance 8 duly empowers the Standing Committee on Unfair Means to cancel either the paper or the entire examination, in which the candidates had appeared."

"This Court is of the considered view, ... that the Standing Committee on Unfair Means is duly empowered and within its domain has cancelled the entire examination being unanimous on the guilt of the petitioners as well as quantum of punishment and decision is also to be considered as final," observed the bench.

It was observed by the Court that using unfair means in exams is not only unethical but also detrimental to the overall development of individuals and the nation as a whole.

Explaining why using unfair means in examinations can hinder their ability to contribute to the nation's wellbeing, the Court observed, the following:

a) Medical professionals are entrusted with the well-being and lives of patients. Using unfair means in examinations demonstrates a lack of integrity and ethical values, which can be a serious concern when making life-or-death decisions in the health care field.

b) 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.

c) Trust is a cornerstone of the doctor-patient relationship. If it becomes known that a medical professional cheated their way through their education, it can erode the trust that patients and the public have in the health care system.

d) Using unfair means in examinations can have legal consequences, such as getting expelled from the program or facing legal charges. This can hinder one's ability to practice medicine and contribute to the nation's health care system.

e) Ethical and competent doctors contribute to medical research and advancements. Cheating can hinder one's ability to engage in research, which is essential for medical progress.

f) When students use unfair means in examinations, it can negatively influence their peers and create a culture of dishonesty. This can further erode the ethical standards within the medical community. g) Even if some individuals manage to graduate through unfair means, their lack of competence and ethical standards may catch up with them in their professional careers, leading to disciplinary actions or legal consequences.

Observing that the MBBS students are expected to uphold the highest ethical standards, the bench noted,

"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."

Explaining the reason for this, the bench referred to several outcomes of MBBS students using unfair means including compromised patient safety, erosion of trust, negative impact on public health, legal and ethical violations, undermining standards of medical education etc.

Addressing the issue of patient safety, the bench observed that the MBBS students are trained to become medical professionals responsible for the health and well-being of individuals. Therefore, if they resort to cheating or unethical practices during their education, it can compromise their knowledge and skills, ultimately putting patients at risk.

The bench opined that it also results in erosion of trust as the society places immense trust in health care providers. Therefore, cheating erodes the trust as it raises questions about the competence and integrity of future doctors. It can lead to skepticism and apprehension among patients, affecting the doctor-patient relationship.

Referring to the effect of such acts on public health, the bench noted, "A poorly trained doctor can make mistakes with serious consequences. Unfair means in medical education can result in substandard doctors entering the workforce, potentially leading to medical errors, misdiagnoses, and inadequate patient care."

As per the bench, use of unfair means by medical students can result in legal and ethical violations as well as cheating and unfair means often involve legal and ethical violations. "Engaging in such activities can result in legal consequences, disciplinary actions, and damage to one's professional reputation," it noted.

It can also result in undermining education standards, opined the court adding, "Fair and rigorous assessment is essential to maintain the quality of medical education. Unfair means undermine the integrity of the education system, devaluing the qualifications of those who have studied diligently and harming the reputation of educational institutions."

Therefore, referring to the matter at hand, the bench noted,

"Addressing this issue requires a multi-faceted approach, including enforcing strict anti-cheating measures, promoting a culture of academic integrity, and ensuring that MBBS students are held to high ethical and professional standards. Ultimately, the responsible education and training of health-care professionals are vital for the well-being of society and the individuals."

The bench refused to show any leniency and noted, "I am afraid to interfere with the decision of the educational authorities, which are well equipped with a mechanism under its regulations to deal with such like cases for the reason that like petitioners using unfair means would steal march over students, who work hard to prove their worth and in case, such students resorting to unfair means are allowed to get away with it on account of sympathy or as argued by Mr. Chopra that it will cost one full academic year to them, nation cannot be built, if are dealt with leniently. They should be made to learn a lesson to adopt unfair means in their life."

At this outset, the bench also referred to the Apex Court order in the case of Dr. Ambedkar Institute of Hotel Management, Nutrition and Catering Technology vs. Vaibhav Singh Chauhan, (2009) in which the top court bench stressed on the need to maintain purity and strict discipline in the conduct of examinations, deeming it to be necessary for the overall progress of the nation.

"Copying and cheating in examinations is like Plague. It is a pandemic which can ruin society and the educational system of any country. If the same is left unchecked or if leniency is shown, the same can have a deleterious effect. For any country's progress, the integrity of the educational system has to be infallible. Whether it is paper setters maintaining utmost confidentiality, students not cheating, invigilators being vigilant, examiners doing their job with utmost alacrity knowing that the future of students is in their hands, Universities and colleges not tampering with results - the conduct of all stakeholders has to reflect commitment and also be unblemished," the HC bench noted in this context.

Therefore, the bench refused to interfere with the University's decision as it noted,

"This Court finds that University has already lenient in opposing the punishment of cancellation of whole examination instead of rusticating such cheaters."

"This Court otherwise ideally could have proceeded with the petitioners with stricter action, considering the false submissions made, as also the incorrect statements made during the oral hearing qua unable to identify themselves in CCTV footage. However, looking at the age of the petitioners, and the fact that they are still students, this Court, while taking note of the unethical conduct of the petitioners, refrain from taking any further action against them," it further noted.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/punjab-and-haryana-hc-224971.pdf

Also Read: NEET candidates who indulge in Unfair Means Practice during exam liable for criminal action, cancellation of result: NTA