HC Relief to Doctor Accused of Using Unfair Means in NBE Diploma Final Exam
Delhi High Court
New Delhi: Granting relief to a doctor, whose candidature was cancelled by the National Board of Examinations in Medical Sciences (NBEMS) for allegedly using unfair means, the Delhi High Court dismissed the NBE's decision, noting that there was no evidence to support the Board's decision.
It was alleged that the doctor had used chits in NBEMS Diploma June 2024 Exam, which were found by the NBEMS-appointed appraiser; the Board had barred the doctor from appearing in the NBEMS Diploma Exam for the next two years.
However, the HC bench comprising Justice Vikas Mahajan set aside the Board's decision after examining the CCTV footage of the examination. "The allegations in the report of the appraiser in proforma 6 and the finding of the Examination Ethics Committee, are thus, not supported by any evidence. Clearly, it is a case of no evidence," noted the High Court bench.
"The stigma of indulging in unfair means can adversely affect the career of petitioner and thus, has serious civil consequences, therefore, the respondent ought to have the afforded a meaningful opportunity to the petitioner by furnishing all the documents including the written statement of the petitioner, available statements of exam functionaries, report of the appraiser, CCTV footage etc. which are either referred to and relied upon in the show cause notice, as well as, in the impugned order dated 29.10.204, or are otherwise relevant. It seems that the said documents were not supplied to the petitioner alongwith the show cause notice. So far as statements of exam functionaries are concerned, the same have not been placed on record even along with the counter-affidavit. Therefore, there is a non-compliance of principles of natural justice," held the HC bench.
Observing that the findings of the Examination Ethics Committee were based on no evidence, the Court termed such findings as "perverse" and quashed and set aside the NBE order dated 29.10.2024 cancelling the doctor's candidature and her further debarment.
"In the result, the present petition is allowed and the impugned order dated 29.10.2024 cancelling the candidature of the petitioner for NBEMS Diploma Final Examination June 2024 and her further debarment from appearing in any NBEMS Examination for two years, is quashed and set aside with further direction to the respondent to declare the result of petitioner for the NBEMS Diploma Examination June 2024 Programme, both for theory as well as practical, within two weeks from today," ordered the HC bench.
The petitioner appeared for the NBEMS Diploma in Radio Diagnosis Final Theory Examination on 14th June, 2024 at Visakhapatnam, Andhra Pradesh. The examination was to be held on 14th to 16th June, 2024.
It was alleged by the petitioner that she faced significant discomfort due to inappropriate actions and behaviour of the invigilators and such issues included constant disturbances, repeated instructions to stop writing, intrusive physical searches including physical frisking, documents verification etc., all done under CCTV Surveillance. She alleged that these actions were resorted to, possibly taking offence at the petitioner's inability to understand Telugu and her simple request for communication in Hindi or English.
Similar issues were faced by her on the second day also. The petitioner also alleged that she was the last candidate to leave the room and the male invigilator engaged her in personal conversation asking inappropriate personal questions. However, she did not face any issues on the last day of the exam i.e. on June 16, 2024.
After the exams were over, the petitioner submitted a written complaint through the NBEMS Communication Web Portal on 25th June, 2024 detailing the harassment and disruption she faced, including the loss of time due to the non-functional equipment and inappropriate conduct of the invigilators. However, allegedly, no action was taken by NBEMS and the doctor did not receive any reply to her complaint.
The petitioner received an email from NBEMS on 06.07.2024 where the petitioner was explicitly informed that her query/complaint had not been answered within 10 days and she may escalate her complaint to the head of the concerned department.
Allegedly, despite multiple follow-ups, her complaint remained unanswered and on 06.09.2024, the petitioner received a show cause notice, where NBEMS accused her of using unfair means and asked her to submit a reply by 10.09.2024. It was mentioned in the show-cause notice that NBEMS appointed appraised informed that the doctor was found in possession of chits under the answer booklet during the conduct of Paper-I of NBEMS Diploma June 2024 Theory Examination in the specialty of Radio Diagnosis held on 14th June 2024. Allegedly, the doctor swallowed the chits when questioned by the invigilator and during the frisking done by the security guard.
Even though the petitioner doctor refuted all these allegations, NBEMS imposed severe penalties on her on 29.10.2024, including cancellation of her candidature for the June 2024 Examination and a two-year debarment from appearing in any NBEMS Examination.
Challenging this, the doctor approached the Delhi High Court. When the matter was first taken up for consideration, the Court had asked NBEMS to produce the entire record, including the CCTV footage for perusal of the Court. The Court viewed the CCTV footage on 30.01.2025 and recorded that the CCTV footage did not show chits being swallowed by the petitioner. Accordingly, on 30.01.2025, the Court stayed the operation of the NBEMS order till the disposal of the plea.
Thereafter, the petitioner made an application before the Court alleging that despite the stay order, NBEMS had notified the schedule for "Diploma Final Practical Examination, December 2024" in which her name was not mentioned. Accordingly, she sought a direction to NBEMS to issue admit card to her for practical exam and to make necessary arrangements to allow her to appear in the same. In the said application, the HC bench on 25.03.2025 directed NBEMS to conduct the doctor's practice examination at the Delhi Centre.
During the hearing of the case, the counsel for NBEMS argued that the order was issued only after conducting thorough investigation, reviewing available evidence, the petitioner's response to the show cause notice as well as applicable unfair means guidelines. It was submitted that the Examination Ethics Committee found the petitioner to be in gross violation of the examinations ethics and UMC guidelines of NBEMS.
He further submitted that on 14.06.2024, the petitioner was relocated at around 03.22 p.m. and was made to sit near a pillar because of which she is not visible through any of the cameras as the pillar obstructed the view.
The Court noted that normally, the Court cannot interfere with the findings of the fact arrived at by disciplinary authority except in the case of mala fides or perversities i.e. where there is no evidence to support a finding or where the finding is such that anyone acting reasonably or with objectivity could not have arrived at the same or where reasonable opportunity has not been given to a person to defend himself or if it is a case where there has been nonapplication of mind on part of the disciplinary authority or if the punishment imposed is shocking to the conscience of the Court.
It was noted by the Court that the brief description of unfair means in "proforma 6" mentioned that the petitioner was found copying from written slips and when she was caught red-handed, she chewed and swallowed the slips. Then the slips were allegedly placed under the answer booklet and when the invigilator questioned, the petitioner took and put the slips into her chest and later chewed and swallowed when the female security guard was asked to remove from her.
"It is not in dispute that the examination was conducted under CCTV surveillance, therefore, the CCTV footage was the best evidence to establish the allegations that the petitioner was using unfair means and that she swallowed the chits when confronted by the invigilator. The CCTV footage also assumes relevance, as the petitioner had taken a categorical stand in her statement that she had not done any cheating, and further she had also made a written complaint through the NBEMS Web Portal on 25th June 2024 detailing the harassment and disruption she faced including loss of time due to non-functional equipment and inappropriate conduct of the invigilators," noted the HC bench.
"Intriguingly, neither copy of the CCTV footage was given to the petitioner alongwith show cause notice nor the Examination Ethics Committee seems to have viewed the CCTV footage before recording an adverse finding against the petitioner, despite petitioner having written a letter dated 28.10.2024 to the Additional Director (Medical) of respondent/NBEMS urging that her case may be considered by the Exam Ethics Committee in light of the CCTV footage of the examination," it further observed.
The Court viewed the CCTV footage again on 02.07.2025 in open court in the presence of the learned counsel for the parties. The CCTV footage was also taken on record.
The Court undertook the exercise of viewing the CCTV footage only for the limited purpose of ascertaining as to whether it is a case of no evidence or is it a case where anyone acting reasonably could have arrived at impugned decision, on the basis of available evidence which has been brought on record. It opined that ideally the Examination Ethics Committee should have viewed and examined the CCTV footage before passing the decision since serious allegations of using of unfair means and swallowing of chits have been made against the petitioner, however, the said course was not adopted.
After viewing the CCTV footage, the Court observed, "The CCTV footage shows that the petitioner‟s seat is clearly visible in the footage recorded from Cam-05 on 14.06.2024, and the view is not obstructed by any pillar as contended by Mr. Mathews. Further, the said CCTV footage from timestamp 16.33 to 16.41, which is indubitably the relevant period, makes it is evident that the petitioner is not seen putting the chits into her chest and later chewing and swallowing the same, as alleged. The respondent‟s counsel has also not been able to pin-point out any footage wherefrom it could be seen that the petitioner, when confronted, chewed and swallowed the chits."
Therefore, the Court concluded that the allegations in the report of the appraiser and the finding of the Examination Ethics Committee were not supported by any evidence.
"Had it been only a case of non-supply of documents, this Court after setting aside the impugned order, could have relegated the parties to the stage of show cause notice with a direction to the respondent to pass a fresh order after furnishing relied-upon and other relevant documents to the petitioner...However, in the present case this Court has clearly found that the findings of Examination Ethics Committee based on no evidence are perverse, which by itself is a ground warranting interference with the impugned order," held the Court as it quashed the NBEMS order cancelling the doctor's candature and debarring her from appearing in any NBE exams for two years.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/dr-aastha-raj-vs-nbems-delhi-hc-294297.pdf
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