Madhya Pradesh Professional Examination Board Act, 2007: s.3 - Madhya Pradesh Professional Examination Board
popularly known as Vyavsayik Pariksha Manda! (Vyapam) -
Constitution of Board/Vyapam - Notification u/s.3 for constituting
the Board not been issued - But Board brought into existence for
conducting the examination for admission in the medical,
engineering and agricultural universities and for admission in the
polytechnics - The Board constituted is a non-statutory body - It
has no existence apart from the government - Appellants contention
that the Board constituted has no authority in law is not tenable for
the reason that if the Board is without any authority of law for
cancelling the examination conducted by it, it is equally without
any authority of law to conduct the common entrance examination
(PMT) - Any admission based on the marks obtained at such
common entrance examination would be equally without any
authority of law in the sense of legislative sanction - Whatever be
the legal implications of the exercise of such power vis-a-vis others,
the appellants cannot be heard saying that the Board has no
authority of law to take action against them because they had
appeared for the said examination and taken the benefit of securing
admissions into the various medical colleges on the basis of the
marks obtained by them in the examination - Even otherwise, under
the scheme of our Constitution, the executive power of the State is
co-extensive with its legislative power - If it is established that the
adoption of unfair means on large scale resulted in the contamination
of the entrance examination (PMT) process of successive years, the
State undoubtedly would have the power to take appropriate action
to protect the public interest - Education/Educational Institutions : Examination process - Tampering of - Entrance examination
for admissions into medical colleges - Allegation of conspiracy in the context of the examination - Cancellation of results of some
candidates resulting in cancellation of their admissions - Criminal
cases - Based on enquiry reports, Board concluded that there was
tampering with the examination process and the appellants as well
as some other students resorted to unfair means at the said
examination - Cancellation of admissions of appellants and others -
Challenge against - Per Chelameswar, J: The case on hand can
fall within the category of exceptions to the rule of audi alteram
partem if there is reliable material to hold that the examination
process is vitiated - There was tampering with the examination
process insofar as the appellants and a few others are concerned -
There is no reason to interfere with cancellation of admission on
the count that the rule of audi alteram partem was not complied
with by the respondents before cancelling the admissions of the
appellants - However, question is whether these appellants deserve
sympathy and whether society can afford to waste such technically
trained and qualified human resources which require enormous
amounts of energy, time and other material resources to generate -
Appellants whatever by their role in tampering of the examination
process must have been juveniles and cannot be subjected to
punishment under criminal law - For the said reasons they should
be permitted to complete their study of medicine and become trained
doctors to serve the nation - It would serve the larger public
interests, by making the appellants serve the nation for a period of
five years as and when they become qualified doctors, without any
regular salary and attendant benefits of service under the State
and certificates of their medical degrees be handed over only after
completion of five years - Per Sapre, J: The case at hand established
a case of mass copying attributable to appellants who resorted to
unfair means in a planned way in the PMT examination - It was
neither necessary to give any show cause notice to the appellants
nor necessary to supply the material to appellants - Procedure
adopted by State!Vyapam cannot be said to be unfair or arbitrary -
Action impugned is not in breach of rules of natural justice -
Appellants are not entitled to claim equitable relief on the ground
that they have almost completed their course during interregnum
period - No case made out under Art.142 of the Constitution -
State may consider permitting the appellants and other candidates
alike the appellants to appear in the competitive examination whenever it is held and consider granting age relaxation to those
candidates who crossed the age limit, if prescribed - Held: In view
of difference of opinion, matter to be placed before the Chief Justice
of India for appropriate orders - Constitution of India - Art.142 -
Equity.
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