Degrees of 634 doctors Cancelled by Supreme Court
Disregarding the fact, that majority of these candidates had completed their MBBS admissions and were practising as doctors, the hon'ble court was seen cancelling the validity of their degrees. These students whose admissions stand cancelled had cleared the entrance tests for medical colleges conducted by the Madhya Pradesh Vyavasayik Pareeksha Mandal (Vyapam) or Professional Examination Board.
Case highlights
- In 2013, when the scam surfaced the PEB carried out an internal investigation and identified 634 students, who they felt had used unfair means like copying to get admission in the MBBS course.
- Most of these students had secured admission in private medical colleges. More than 400 had already completed their course while the remaining were in various years of the course.
- During the internal investigations, officials scrutinized the OMR sheets of all , who had taken the Pre-Medical Test from 2008 to 2013 and identified aspirants, who they felt had copied answers from other candidates sitting around them.
- "We found a pattern and identified such cases where wrong answers were in common," said an official at the PEB who was part of the investigation.
- The Madhya Pradesh High Court, had earlier upheld that since the case was one of mass-copying, admissions in this case could be cancelled. Many affected students had in response to the HC's decision filed petitions in the Supreme Court, reports India today.
The final order was delivered by a three-judge bench headed by Chief Justice JS Khehar, who refused to provide relief to the students in question.
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. Viewed in the aforesaid perspective, 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
Earlier, a split verdict had been delivered by a two judge bench and the matter was forwarded to a larger bench. Vyapam had cancelled the 634 admissions.
The split verdict by the two judge bench saw Justice Chelameswar allowing them to complete their studies, on the condition that they serve in the social service/the Army or rural areas for five years without salary. Justice Sapre, however, wanted them to be barred.
Justice Chelameswar further said it would not be reasonable to have students waste all that they had learnt till now. Labelling them as juveniles, the judge said none of them were criminals.
However, in Justice Sapre view, “Once the cancellation of the examination results is upheld as being just, legal and proper, then its natural consequence must ensue.”
It was this split verdict that led to the matter being referred to the Chief Justice of India, with a request for constitution of a three-judge bench.
Vyapam has been in the news over a consistent span of time, as 34 mysterious deaths have occurred, and those dead were connected to the scam, reports Tribune
Interestingly, Congress, the party in opposition accused the Chief Minister, Shivraj Chouhan and his wife for having been also involved in the scam.
A Supreme Court directive, in 2015 referred the Vyapam scam to the CBI.
Vyapam is under investigation for alleged scam in admission to medical colleges and recruitment scam involving businessmen, politicians & bureaucrats.
