Writ Petitions Filed by Six MBBS Students Challenging Their Dismissal for Impersonation in Entrance Exam Heard by Karnataka High Court. Court Examines Whether Deemed University's Procedure for Detecting Impersonation Followed Natural Justice and Published Rules.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The petitioners were six students who were admitted to the MBBS course at Sri Devaraj Urs Medical College, a constituent college of the deemed university, Sri Devraj Urs Academy of Higher Education and Research, for the academic year 2012-13. The admission was based on an entrance test (SDUAHER-AIUGMET-2012) conducted on 22.4.2012, followed by counselling on 29.6.2012. The university's brochure mandated biometric verification at test, counselling, and admission stages to prevent impersonation. After classes began on 1.8.2012, the college appointed an Admission Review Committee on 6.8.2012 to verify documents of all 150 admitted students. The committee found discrepancies in photographs and signatures of 27 students, including the petitioners. Subsequently, on 29.11.2012, the Registrar issued orders dismissing the petitioners from the MBBS course on the ground of impersonation, confirmed by biometric analyses, photo identification, and signature verification. The dismissal orders also demanded payment of remaining tuition fees for the entire course and required vacation of hostel rooms by 3.12.2012. The petitioners filed these writ petitions under Articles 226 and 227 of the Constitution of India seeking quashing of the dismissal orders. The High Court heard the matters on 25.2.2013. The judgment excerpt ends abruptly; the court's decision is not available.

Issue of Consideration

Validity of orders dismissing six MBBS students for alleged impersonation in entrance examination and admission process, and whether the procedure followed by the deemed university complied with principles of natural justice

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Case Details

2013 LawText (KAR) (02) 14

W.P. Nos. 49971-49972/2012 (EDN, MED-ADM) c/w W.P. Nos. 48424-48426/2012 & W.P. No. 51151/2012

2013-02-25

Justice Dilip B Bhosale, Justice B Manohar

B.S. Aravinda Babu, Sumanth Kumar Patil, Jayakumar S Patil, Praveen R J S, Dharshan, Pradeep C Yadav, Smt M.C. Nagashree, Madhusudan Naik, K Shashikiran Shetty

Nilesh Kumar, Sonali Kumari, Ankit Mittal, Shubam Singh Baloria, Mohammed Waseem Khan, Ravi Varma M.

State of Karnataka (Principal Secretary, Department of Medical Education, Vidhana Soudha, Bangalore); The Fee Fixation and Regulatory Committee, State of Karnataka; Sri Devraj Urs Academy of Higher Education and Research, Tamaka, Kolar; Sri Devaraj Urs Medical College, Tamaka, Kolar; Medical Council of India, Pocket 14, Sector 8, Dwarka Phase I, New Delhi

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Nature of Litigation

Writ petitions under Article 226 of the Constitution challenging the dismissal of six students from MBBS course on grounds of impersonation in the entrance exam and counselling

Remedy Sought

Petitioners sought quashing of the dismissal orders dated 29.11.2012 passed by the Registrar of the University, and reinstatement into the MBBS course

Filing Reason

The University had dismissed the petitioners on ground of impersonation, confirmed through biometric analysis, photo identification, and signature verification, and demanded payment of entire MBBS fees and vacation of hostel

Previous Decisions

There were no prior court orders; the impugned orders were administrative decisions of the University

Issues

Whether the dismissal orders are violative of principles of natural justice? Whether the University followed the prescribed procedure for detecting impersonation as per its brochure and notification? Whether the University's admission review committee's findings are sustainable?

Judgment Excerpts

It has been confirmed through investigations of Biometric analyses, Photo identification and Verification of Signature that you are guilty of impersonation and cheating the university at the entrance examination (SDUAHER-AIUGMET-2012) for undergraduate (MBBS) course held on 22.4.2012 and also in the counselling held on 29.06.2012. Biometric mismatch at any stage will automatically result in disqualification of the candidate and he/she will not be permitted to participate in any further process of seat selection and admission to MBBS course.

Procedural History

The petitioners were admitted to MBBS course in respondent No.4 college on 29.06.2012 after counselling. An Admission Review Committee was constituted on 06.08.2012 to verify documents of admitted students. The Committee identified 27 students with discrepancies. Subsequently, on 29.11.2012, the Registrar issued dismissal orders to the petitioners. These writ petitions were filed shortly thereafter. The High Court heard the matters on 25.02.2013.

Acts & Sections

  • Constitution of India: Article 226, Article 227
  • University Grants Commission Act, 1956: Section 3
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