Delhi HC lament Use of Malpractices in Competitive Exams as Innocent Students Suffer

Oct25,2023 #Delhi High Court

LI Network

Published on: October 25, 2023 at 10:20 IST

In a concerning observation, the Delhi High Court has expressed its dismay over the unfortunate trend of candidates resorting to malpractices and tampering to succeed in competitive examinations.

The consequence of such unethical behavior is that sincere and innocent students become victims of their peers’ misconduct, leaving no option for the state or its agencies but to cancel the examinations altogether.

Justice Chandra Dhari Singh made these remarks while addressing a case involving candidates who had applied for the positions of Junior Assistant or Office Assistant at Delhi Skill and Entrepreneurship University.

The entire examination was canceled by the university due to detected cases of tampering and the use of unfair means at two examination centers in the computer-based test.

The petitioners argued that the university’s decision to cancel the entire examination because of a few instances of unfair means was arbitrary, unreasonable, and a violation of Articles 14 and 16 of the Indian Constitution.

However, Justice Singh, in dismissing the petition, emphasized the importance of maintaining the integrity of the selection process in any examination.

The court noted that any tampering with the examination process could result in harm to honest candidates. It can also be challenging to determine the exact extent of irregularities in some cases, making it impossible to identify the number of candidates involved in such misconduct.

The court pointed out that the computer-based examination had been tampered with, leading to the filing of two FIRs by the University. As a result, the examination had to be canceled three times.

Justice Singh emphasized that the very integrity of the entire selection process was compromised, and the university could not assess the extent of this compromise. Therefore, the decision to cancel the examination was taken to safeguard the integrity of the recruitment process.

The court concluded that the petitioners had not presented valid reasons for the court’s intervention and that the university had acted within its authority in canceling the examination to uphold its integrity.

Case Title: “KAVI VAIDWAN & ORS. v. DELHI SKILL AND ENTREPRENEURSHIP UNIVERSITY & ORS.,”

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