"Cheating In MBBS Exam Can Endanger Lives Of Patients", Punjab & Haryana HC Upholds Exam Cancellation Of Students Found Using Unfair Means

Observing that the use of unfair means in the medical profession can potentially endanger the lives of patients, the Punjab & Haryana High Court has taken a strong stance on MBBS students found cheating in exams. The Court refused to interfere in the university's decision to cancel the entire exam for students who were found using unfair means.

Justice Sandeep Moudgil said, "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 Court added that 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.

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, it said.

Highlighting the doctor-patient relationship the bench said, "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."

The Court further said that legal consequence of using unfair means in examinations "can hinder one's ability to practice medicine and contribute to the nation's health care system."

Adding that 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, the bench said, "the MBBS students, are expected to uphold the highest ethical standards and demonstrate competence and integrity in their work."

These observations came in response to the plea filed by the MBBS students of a Medical College in Haryana, who challenged the University's decision of cancelling the entire examination, after they were found cheating in the first academic year paper. The students sought directions to allow them to appear in the second year.

Rejecting the petitioner's argument that the students were not given opportunity of hearing, the 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."

The bench also refused to take any lenient stand stating that, "... 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 (counsel for the petitioner) 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."

Reliance was also placed upon Dr. Ambedkar Institute of Hotel Management, Nutrition and Catering Technology vs. Vaibhav Singh Chauhan, (2009) in which the Apex Court 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.

Justice Moudgil observed that, "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 Court stated.

While refusing to interfere in the Univerity's decision the Court said, "University has already lenient in opposing the punishment of cancellation of whole examination instead of rusticating such cheaters."

Appearance: Ashwani Kumar Chopra, Sr. Advocate with Vidul Kapoor, Advocate for the petitioners.

Harmonjot Singh Gill, Advocate for respondent No.4.

Citation: 2023 LiveLaw (PH) 225

Title: SHIVAM TANWAR AND OTHERS v. STATE OF HARYANA AND OTHERS

Click here to read/download the order