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Synopsis

The Bombay High Court recently noted that instances of candidates engaging in malpractices during examinations remind the high court of the movie 'Munnabhai MBBS'.

“It does not require any debate that as a result of technological advancement and development, there are instances when students have resorted to various methods/tactics of manufacturing admit cards, identity cards, hacking websites and carrying air-pods or electronic earbuds in the examination hall, in order to resort to malpractices in the examinations. We are reminded of the movie 'Munnabhai MBBS', and it would not be too much to say that there are several candidates who resort to such practices. There are instances when the results of the NEET-UG and PG exams are hacked by hackers, results are manufactured and higher scores in the examination results are published on such fictitious websites,” the bench observed.

The division bench of the high court comprising Justice Ravindra Ghuge and YG Khobragade was hearing a petition filed by a doctor who was denied entry to his Doctor of Medicine entrance examination for failing to present his permanent registration certificate.

The petitioner had informed authorities that he possessed a soft copy of the registration certificate. However, he was barred from taking the mobile containing the soft copy into the exam hall.

He argued that the relevant documents were considered during the approval of the examination form and the issuance of the admit card, meeting the authorities' satisfaction.

He presented proof of his registration with a medical council, which was also uploaded as a document. He also sought a special session for his exam.

The counsel for the National Testing Agency informed the bench that the results had already been declared.

He added that the petitioner, being a senior doctor with over 30 years of experience, was expected to adhere to the specific instructions provided to all candidates regarding the required physical documents for the examination.

The division bench, however, dismissed the petition, noting that if the petitioner had carried the Medical Registration certificate, there would have been no obstacle for him to enter the examination hall.

“Had the Petitioner carried the Medical Registration certificate, there was no embargo for him to enter the examination hall. Therefore, laches cannot attributed to the Respondent authorities and it could only be said that the Petitioner should blame himself for having failed in strictly following the standing instructions for the students. No doubt, he may not have done this deliberately, since he does not derive any advantage,” the court said.

Case title: Dr Shyamsundar vs UOI & Anr.