MBBS medico's Marksheet cancelled for wearing smartwatch during exam, SC issues notice

Although the High Court had asked the University to forgive the MBBS student for the mistake, things became more complicated as the mark sheet said "cancelled". As the petitioner doctor wants to pursue his higher studies from abroad, such a mark sheet could lead his entire career towards jeopardization. So, the doctor moved to the Apex Court challenging the HC order.

Also Read: Rarest of Rare case: Madras HC asks State to regularize service of MBBS doctor who took up part-time position leaving Govt Job

As per the latest media report by Live Law, earlier the Division Bench of Madras High Court comprising of Justices MM Sundresh and Abdul Quddhose had dismissed the plea of the petitioner medico and had held that the petitioner had committed a serious mistake by wearing such a Smart Watch during the examination.

During the hearing, the concerned University from where the petitioner doctor was pursuing his medical education had submitted before the High Court bench that the instructions had clearly mentioned that the students were prohibited from carrying any electronic devices inside the examination hall. Despite being aware of such instructions, the petitioner doctor had carried a SmartWatch which could contain information relevant to the examination, the University had earlier submitted before the High Court.

Referring to the Apex Court judgment in Nidhi Kaim v. State of Madhya Pradesh, and Director, Dr. Ambedkar Institute of Hotel Management, Nutrition and Catering Technology, Chandigarh and Ors. v. Vaibhav Singh Chauhan, the High Court had held that it was not necessary to show that the Petitioner had misused the Smart Watch for the purpose of getting answers to questions raised in the examination.

Although the High Court had mentioned the University was right in canceling the examination, the same bench had also opined that the University could consider forgiving the doctor as he was already a doctor.

"Any human being is bound to commit mistakes in life. In the case in hand, the Appellant has committed a serious mistake by carrying a Smart Watch into the examination hall, for which he has been adequately reprimanded. When his examination was canceled, he was studying for his fifth-year MBBS course and now it is learnt that he has completed the course and become a qualified doctor. To err is human and forgive is divine", the High Court had held previously.

Also Read: Interim Relief to 180 MBBS doctors, Karnataka HC asks State not to precipitate Compulsory Rural Service for 2 weeks

However, problems arose as the mark sheet of the doctor said "canceled" and would push the future career of the doctor into jeopardy.

The counsel of the petitioner, Senior advocate Dr. Rajeev Dhavan submitted before the Court that in this case, the State didn't find it necessary to follow the natural justice.

"It is nobody's case that he used the Watch or fiddled with the Watch. It is simply a case of carrying a Watch when the Rules say, amongst other things, that you cannot carry digital electronics", Dhavan was quoted saying by Live Law.

He further contended that although the Madras High Court had held the petitioner at fault, the same bench had also urged the University to forgive the doctor.

After issuing notice in the case, the Apex Court has also granted liberty to Dr. Dhavan, the petitioner's counsel to file the relevant mark sheet.