SC against any mercy to those who use unfair means in exams

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New Delhi, Nov 25 (UNI) The Supreme Court has directed that those indulging in unfair means in examinations deserve no sympathy or leniency and must be dealt with an iron hand.

A bench comprising Justices Altamas Kabir and Markandey Katju while setting aside the impugned judgement of the Delhi High Court, dated May 24, 2007, strongly disapproved of the approach of the High Court showing uncalled for sympathy with the culprit.

Justice Katju writing judgement for the bench observed, ''We are afraid we cannot agree with the view taken by the learned single judge.

''As already stated above, we have to be very strict in maintaining high academic standards and discipline and academic rigour if our country is to progress. Sympathy for students using unfair means is wholly out of place,'' the court said.

The apex court said, ''We wish to reiterate and further state that the High Court should not ordinarily interfere with the functioning and the order of the educational authorities unless there is the clear violation of some stautory rules or legal principles.

''Also there must be strict purity in the examinations of educational institutions and no sympathy or liniency should be shown to candidates who resort to unfair means in the examination.'' Vaibhav Singh Chouhan was found in possession of a slip while appearing in the subject 'Front Office Management' on April 19, 2005 and the slip contained the material which was relevant to the paper.

The apex court also said whether slip was used or not was irrelevant and once a student was found in position of a slip he was guilty of malpractice.

Chouhan had confessed to his guilt before the authorities and was debarred for one year.


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