Cheating In Govt Exams Undermines Merit-Based Selection; Can Have Detrimental Effects On Public Service: Delhi High Court

The Delhi High Court has observed that cheating in government examinations or resorting to dishonest means to obtain leaked papers not only undermines the merit-based selection process but also erodes public trust in a fair and transparent examination system.

“…cheating in government exams can have far-reaching consequences for society as a whole. It can lead to the recruitment of incompetent or unqualified individuals in key government positions, which can have detrimental effects on public service delivery, governance, and overall development,” Justice Swarana Kanta Sharma said.

The court observed that cheating in government exams undermines the principles of meritocracy and equal opportunities, which are essential for fostering social mobility and ensuring fairness in society.

“It perpetuates inequalities by favoring those who can afford to pay for leaked exam papers or engage in fraudulent activities, while disadvantaging those who rely on their hard work and merit to succeed,” the court said.

It added that the acts of cheating in examinations must be dealt with a stern hand, as their effects are not limited to an individual but impact society.

Justice Sharma made the observations while denying bail to a man, a bus driver by profession, accused of being involved in the leaking of government job examination question papers in Haryana.

It was the accused's case that he was falsely implicated in the case and that his only role was to transport the students to one computer centre as they had to take mock tests as part of his responsibility.

He contended that as per Haryana Staff Selection Commission, the exam conducting body, no question paper was leaked and no question paper was recovered from him.

On the other hand, the prosecution opposed the bail plea and contended that several documents and mobile phones used to facilitate cheating in the examinations were recovered from the possession of the accused.

It was also argued that candidates who were examined by the police had stated that the accused, along with other co-accused persons, had lured them and others to give them a handsome amount of money in exchange for leaked exam papers.

While denying him bail, the court noted that the accused persons were found in possession of 80 mobile phones, blank signed cheques, admit cards for Haryana Government exams (Group-D), marksheets of various individuals, and other documents when they were apprehended by the police.

The court said that the allegations against the accused persons were serious in nature since they made the prospective candidates believe that they had the leaked question papers for the examination and sold them on payment of lakhs of rupees.

Noting that the recovery was from the accused persons which corroborated, prima facie, the statements of the victims and the prosecution, the court said:

“Thus, in view of the aforesaid discussion, and the fact that the admit cards of the candidates, the mobile phones, blank signed cheques another related documents have been recovered from the possession of the present applicant/accused, and that the modus operandi of commission of the offence is yet to be disclosed as the other co-accused are yet to be arrested, and that the trial is yet to commence, this Court is not inclined to grant bail to the present applicant/ accused, at this Stage,” the court said.

Counsel for Petitioner: Mr. Praveen Kumar, Mr. Gaurav Chahal and Mr. Vishuvendra Singh, Advocates

Counsel for Respondent: Mr. Manoj Pant, APP for the State

Title: VEDPAL v. THE STATE OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 326

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