Students resorting to unfair means in exams cannot build nation; need to be dealt with a heavy hand: Delhi HC in DTU cheating case

The Delhi High Court recently observed that students who engage in unfair means in exams and get away with it cannot build the nation.

While dealing with a case of an engineering student who cheated in exams by using a mobile phone, a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed,

“Persons using unfair means to steal a march over students who work hard to prove their worth has to be dealt with a heavy hand. Students, who resort to unfair means and get away with it, cannot build this nation”.

“They cannot be dealt with leniently and they should be made to learn a lesson not to adopt unfair means in their life”, the bench added.

The court was hearing an appeal against a single-judge bench order, filed by Yogesh Parihar, a Bachelor of Technology, Computer Science third-semester engineering student, studying at Delhi Technological University (DTU).

Yogesh in his plea stated that he was found using unfair means in the end-term second-semester examination in two subjects, namely, Programming Fundamentals and Basic Electrical Engineering. He stated that DTU imposed Category IV punishment and canceled all the second-semester examinations taken by him. He also stated that he was directed to register himself for the second semester along with B. Tech students admitted in the year 2022.

The counsel for Yogesh contended that he is a bright student who has won laurels at national levels and has been awarded scholarships in the National Talent Search Examination, 2019. It was also submitted that a certificate of merit was awarded to him by the National Council of Educational Research and Training, New Delhi.

Yogesh contended that another student was using his mobile phone, and answers to some questions were shared on a WhatsApp group called “Ans.”, while he was in the examination hall. Furthermore, it was argued that Yogesh was a victim of the misuse of mobile phones by his classmate.

On Contrary, the University contended that Yogesh had shared a question paper in the group during the exam, along with a handwritten printout of answers. It was also submitted that some of the students' chats were directed to Yogesh for questions and answers.

Taking note of the submissions, the division bench noted, “The facts in the case demonstrate that the students have been able to get hold of the question paper and they have shared the questions and answers amongst themselves, giving them an unfair advantage against students who would have burnt their midnight oil to prepare for the exams.”

The court also noted that the University had been lenient in imposing “Category IV” punishment rather than rusticating the cheaters and opined that the Vice Chancellor and the Single Judge had taken into account all the facts.

“The argument of the learned Counsel for the Appellant that the Appellant's phone was being used when he was in the examination center does not impress this court and does not warrant interference”, the court added.

While upholding the single-judge bench's order, the court held, “This Court, while exercising its jurisdiction under Article 226 of the Constitution of India, and after looking into the decision-making process, the facts that have been taken into account and as to whether the reasoning given by the authorities below is so arbitrary that no man of prudence would reach such a conclusion, is of the opinion that the decision of the College Authorities and the Order of the learned Single Judge do not require any interference from this Court.”

Accordingly, the court disposed of the appeal.

Case Title: Yogesh Parihar v. Delhi Technological University & Ors.