Holding

The Supreme Court held that the cancellation of the appellants' admissions on the ground of mass copying was valid, the Board possessed authority despite the lack of statutory notification, the rule of audi alteram partem does not apply in such cases, and no equitable relief under Article 142 was warranted.

Summary

The appellants, who had secured admission to medical colleges in Madhya Pradesh through the Pre‑Medical Entrance Test (PMT), challenged the cancellation of their results and admissions on the grounds that the Vyapam Board was not validly constituted under the Madhya Pradesh Professional Examination Board Act, 2007 and that they were denied audi alteram partem. The State and Vyapam argued that a large‑scale conspiracy and "mass copying" had contaminated the examination process, justifying cancellation without individual notice. The Supreme Court held that the Board, though non‑statutory, exercised valid executive power and could cancel results where the examination was vitiated on a large scale, and that the rule of natural justice does not apply in such mass‑copying cases. The Court also rejected the appellants' claim for equitable relief under Article 142, emphasizing public policy and the need to preserve the integrity of examinations. Consequently, the appeals were dismissed.

Issues considered

The validity of the Vyapam Board's authority to cancel examinations in the absence of a notification under Section 3 of the Madhya Pradesh Professional Examination Board Act, 2007.
Whether the rule of audi alteram partem applies to the cancellation of results in cases of mass copying.
Whether the appellants are entitled to equitable relief or restoration of their admissions under Article 142 of the Constitution.
Whether the delay in cancellation and the appellants' completion of studies affect the legality of the cancellation.

Legislation cited

Code of Criminal Procedure, 1973s. 120, s. 452, s. 453, s. 456, s. 467, s. 468, s. 471
Hindu Succession Act, 1956s. 25
Juvenile Justice (Care and Protection of Children) Acts. 2(k)
Limitation Act, 1963
Madhya Pradesh Professional Examination Board Act, 2007s. 24(2)(e), s. 3
Representation of the People Act, 1951s. 11
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976s. 4

Subjects

mass copyingexamination malpracticenatural justiceaudi alteram partempublic policyexecutive powerfraudequitable reliefArticle 142Article 14Madhya Pradesh Professional Examination Board ActVyapamadmission cancellationeducational institutions

Judgment

[2016] 7 S.C.R. 822

A NIDHI KA!M
v.
STATE OF MADHYA PRADESH & OTHERS ETC.
(CivilAppealNo. 1727 of2016)
B MAY 12, 2016
[J. CHELAMESWAR AND ABHAY MANOHAR SAPRE, JJ.)
Madhya Pradesh Professional Examination Board Act, 2007:
s.3 - Madhya Pradesh Professional Examination Board
c popularly known as Vyavsayik Pariksha Manda! (Vyapam) -
Constitution of Board/Vyapam - Notification uls.3 for constituting
the Board not been issued - But Board brought i11to existence for
conducting the examination for admission in the medical,
engineering and agricultural universities and for ad111ission in the
polytechnics - The Board constituted is a non-stalutmy body - It
D
has no existence apart from the government - Appel!ants 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
E (PMT) - Any admission based on the marks obtained at such
common entrance exa111inatio11 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
F
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
G 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
H for admissions into medical colleges - Allegation of conspiracy in
822
NIDHI KAIM v. STATE OF MADHYA PRADESH 823

the context of the examination - Cancellation of results of so111e A
candidates resulting in cancellation of their admissions - Criminal
cases - Based on enquiry reports, Board concluded that there was
tampering with the examination p;·ocess and the appellants as well
as some other students resorted to unfair means at the said
examination - Cuncellafion of admissions of appellants and others -
B
Challenge against - Per C/1e/ameswar, 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 c
the count that the rule of audi alteram partem was not complied
with by the re:;pondents 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
D
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 E
interests, by 111aking 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 offive years - Per St1pre, J: The case at hand established
F
a case of 111ass 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 - G
Appellants are not entitled to claim equitable relief on the ground
that they have al111ost completed their course during interregnum
period - No case 111ade out under Art.142 of the Constitution -
State may consider per111itting the appellants and other candidates
alike the appellants to appear in the co111petitive examination
H
824 SUPREME COURT REPORTS [2016] 7 S.C.R.

A 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.
B Directing to place matter before Chief Justice of India in
view of difference of opinion, the Court
HELD: PER CHELAMESWAR, J. 1.1. Section 3 of the
Madhya Pradesh Professional Examination Board Act, 2007
contemplates establishment of a Board (a body corporate) by a
c notification of the State Government. Admittedly, the notification
constituting the Board has not been issued, but a body constituted
earlier under various executive orders of the State of Madhya
Pradesh continues to be in existence. The composition and legal
structure of the third respondent (BOARD) was discussed
elaboratetv in *Pratiblta Si11gll 's case and upheld by Supreme
D Court in **Pooja Yadav case. It appears from the said judgment
that the third respondent (BOARD) was brought into existence
"for conducting the examination for admission in the medical,
engineering and agricultural universities and for admission in the
polytechnics and initiate the necessary proceedings in this
E regard" by a notification dated 17.4.1982 issued in the name of
the Governor. The said notification was published in the official
gazette on 19.4.1982. Therefore, the BOARD is a non-statutory
'body'. It is not a corporate entity. It has no existence apart from
the government. Barring the vague statement regarding the
purpose for which the BOARD is created, the Notification dated
F 17.4.1982 does not contain any details regarding either the powers
or the functions of the BOARD. The net result is that the entire
exercise of holding the PMT and regulating the admissions of
students into the various medical colleges would be only an
exercise of the executive powers of the _State of Madhya Pradesh.
G If the third respondent 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. Even
H
NIDHI KAIM v. STATE OF MADHYA PRADESH 825

otherwise, the argument of the appellants is required to be A
rejected for the reasons that under the scheme of our
Constitution, the executive power of the State is co-extensive
with its legislative power. In the absence of any operative
legislation, the executive power could certainly be exercised to
protect the public interest. The right of each one of the appellants
B
for admission to the medical colleges in the State of Madhya
Pradesh is itself an emanation of the State's executive action.
No doubt, even executive action of the State can create rights.
Unless there is something either in the Constitution or law which
prohibits the abrogation or abridgment of rights, it is permissible
for the State to do so by executive action in accordance with some c
specified procedure of law. No doubt, that the overarching
requirement of Constitution is that every action of the State must
be informed with reason and must be in public interest. If it is
established that the adoption of unfair means on large scale
resulted in the contamination of the entrance examination (PMT)
D
process of successive years, the State undoubtedly would have
the power to take appropriate action to protect the public interest.
[Paras 1, 21, 22) [836-H; 837-A-B; 846-B-F; 847-A-B; 848-A-C)
**Pooja Yadav &Anr. v. State of M.P. decided by
Supreme Court on 19.5.2014 in SLP(C) 13629-630 of
E
2014 - relied on.
*Ku. Praiibha Singh (Minor) v. State of Madhya
Pradesh & Ors. 2014 (III) MPJR 178 - referred to.
2. This Court in **"Sinha case laid down the principle that
the rule of "udi (l/ter"m partem need not be complied with in F
connection with the cancellation of examinations where it would
be impracticable to apply the said principle. Adoption of unfair
means on a large scale is one of them. The Court did not go by
the percentage of the students who were alleged to have had
resorted to the practice of unfair means. When the Court
characterized the situation as practice of unfair means on a 'large G
scale', it used the expression only to distinguish the situation
from cases of practice of unfair means by one or two students.
The Court has also held that there are other circumstances
justifying the departure from complying with the audi a/teram
partem rule. They are - leakage of question papers and H
826 SUPREME COURT REPORTS [2016] 7 S.C.R.

A destruction of a large number of answer papers. The examples
given therein are not exhaustive of all the categories constituting
exceptions to the application of the rule of "udi "lter"m p"rtem.
Therefore, the percentage of the students who are alleged to
have resorted to unfair means is irrelevant. Similarly, resorting
to unfair means by a 'large number of students' is not the only
B
circumstance which justifies the non-compliance with the rule of
"udi (l/fer"m p(lrfem. Cases such as the one on hand where there
are allegations of criminal conspiracies resulting in the tampering
with the examination process for the benefit of a large number of
students would be certainly one of the exceptional circumstances
c indicated in Sinha's case provided there is some justifiable
material to support the conclusion that the examination process
had been tampered with. The case on hand can fall within the
category of exceptions to the rule of "udi (l/fer"m p"rtem if there
is reliable material to come to the conclusion that the examination
process is vitiated. [Paras 23, 34] [858-B, C; 857-D-E; 849-A-D]
D
*** The Bihar School Examination Board v. Sub has
Chandra Sinha & Others (1970) 1 SCC 648: 1970 (3)
SCR 968 - relied on.
Onkar Lal Bajaj & Others v. Union of India & Another
(2003) 2 SCC 673: 2002 (5) Suppl. SCR 605 - relied
E on.
3. There is nothing inherently irrational or perverse in the
BOARD's conclusions (i) that the examination process was
tampered with; and (ii) that all the appellants who are identified
to be members of the 'pairs' are beneficiaries of such manipulated
F examination process, relying upon the circumstances if they are
unimpeachable. Each one of the circumstances is an inference
which flows from certain basic facts which either individually or
in combination with some other facts constituted the
circumstance. The fact that the entire process of the generation
G
of roll numbers to the students and allotment of the students to
various examination centres is done by a computerised process
is not in dispute. The assertion of the BOARD that technically
such a process requires SOME LOGIC to be followed is not
disputed by the appellants. The expert committee (on an analysis
of the data) (i) identified the logic followed for generating the roll
H numbers and allotting the examination centres and also (ii)
NIDHI KAIM v. STATE OF MADHYA PRADESH 827

reaching a conclusion that in the case of the appellants and a few A
others the allotment was not in accordance with the logic initially
adopted. The same are not normally amenable to judicial review
because Courts would lack the necessary technical expertise to
sit in judgment over such matters. There is no reason to doubt
either the factual or legal correctness of the first two
B
circumstances. [Paras 36, 37) [858-H; 859-A-B, C-F]
4. The appellant contended that ifthere is a deviation from
the general pattern with regard to the allotment of Roll numbers
and the examination centres, the appellants could not be blamed
or 'penalised' because the entire process of the allotment was
done by the Board and its officials. The question of either 'blame'
c
or 'penalty' does not arise in the context. If tampering with the
examination process took place, whether all or some of the
appellants are culpable is a matter for a criminal court to examine
as and when any of the appellants is sought to be prosecuted.
But the fact that the examination process was tampered with is D
relevant for administrative action such as the one impugned
herein. The said fact formed the foundation for the further enquiry
for identifying the beneficiaries of such contaminated process.
Having regard to the circumstances relied upon, there is no illogic
in the conclusions drawn by the expert committee which formed
E
the basis for the impugned action of the BOARD. There is no
irrationality either in the formula or the decision of the BOARD
to assign greater weightage to the incorrect matching answers.
There is nothing inherently suspicious about two candidates sitting
in close proximity in an examination and giving the same correct
answer to a question because there can only one correct answer F
to a question. On the other hand, if they give the same wrong
answer to a given question and if the number of such wrong
answers is high, it can certainly generate a doubt and is a strong
circumstance indicating the occurrence of some malpractice. Such
a test was approved by this Court in Bagles/1w"r Prasad's case.
G
Even otherwise, it would be futile to pursue the inquiry in this
regard. There is no r~ason to interfere with the impugned
judgment on the count that the rule of audi alteram partem was
not complied with by the respondents before cancelling the
admissions of the appellants. [Para 38) [859-G; 860-A-F; 861-A,
C-D) H
828 SUPREME COURT REPORTS [2016] 7 S.C.R.

A Board of High School and Intermediate Education, U.P.,
Allahabad & Another v. Bagleshwar Prasad & Another
(1963) 3 SCR 767 - relied on.
5.1. The next question that requires examination is the
legality of the action of the respondents after a lapse of
B considerable time. It varies between one to five years with
reference to each of the appellants. The decision of the
respondents necessarily led to litigation which consumed another
three years. The net result is that appellants, who belong to
2012 batch, spent four years undergoing the training in medical
course; others progressively longer periods extending up to eight
c years but could not acquire their degrees because of the impugned
action and the pendency of this litigation. Most of the appellants
would have acquired their degree in medicine by now if they had
been successful at the examinations. In the case in hand, the
number of students involved is relatively huge. In view of the
D conclusion that neither the procedure adopted by the respondents
nor the evidence relied upon by the respondents for taking
impugned action against the appellants could be characterized as
illegal, is it permissible for this Court to interfere with the
impugned action of the respondents either on the ground that
there is a considerable time lapse or that such action would have
E ruinous effect on the lives and careers of the appellants? and
therefore inequitable is a troubling question. [Paras 39, 46) [861-
D-F; 864-E-F)
5.2. The public policy of the country and the larger public
interests would be more appropriate guides than the
F considerations of equity to decide the questions in the absence
of any statutory prescription applicable to the controversy on
hand. Public policy of this country regarding the retention of the
benefit obtained by perpetrator of crime is that normally the
benefit cannot be permitted to be retained by the perpetrator of
crime. But the principle is applied only on adjudication that the
G
benefit was obtained by perpetration of crime. Situ Sa/iu's case is
also a case establishing the principle that the law permits the
retention of property acquired pursuant to fraudulent means
(allegedly) because law does not permit an enquiry into the
allegation beyond the reasonable period. However, when it comes
H to other civil rights, the public policy, as can be discerned from
NIDHI KAIM v. STATE OF MADHYA PRADESH 829

various enactments, seems to be not to deprive those who are A
found to have been guilty of offences of all their civil rights. It is
required to be examined whether it would be consistent with the
public policy to deprive the appellants of the benefits of their
education on the ground that they secured certain benefits by
adopting fraudulent means. [Paras 47, 50, 51) [864-G; 867-D-E;
B
869-B-E]
Central Inland Water Transport Corporation Limited &
Another v. Brojo Nath Ganguly & Another (1986) 3 SCC
156: 1986 (2) SCR 278 - relied on.
Priya Gupta v. State of Chhattisgarh & Others (2012) c
7 SCC 433: 2012 (5) SCR 768; Ram Preeti Yadav "
U.P. Board of High School and Intermediate Education
& Others (2003) 8 SCC 311: 2003 (3) Suppl. SCR 352
- Explained.
6.1. All the appellants are also being investigated for the D
commission of various offences which if proved would render them
liable for imprisonment for periods extending beyond three years,
and therefore, there is no period oflimitation for taking cognizance
of them. Therefore, it cannot be said that the impugned action
against the appellants would be inconsistent with the public policy
on the ground of the .time gap. While it is a salutary principle E
based on public policy not to permit the retention of 'property'
obtained by fraudulent means, the application of the said principle
becomes a matter of doubtful utility to, the society in the context
of the acquisition of knowledge by adopting fraudulent means
examined from the point of view of the public interest. In the F
context of property (economic gains), the application of the
principle works to the benefit of the rightful owner. But in the
context of acquisition of knowledge, nobody would benefit by the
application of the rule and would therefore serve only a limited
public purpose. [Paras 52, 53) [870-A-D]
G
6.2. Some 634 youngsters, who have already completed
their training in medicine (or about to complete) and whose
knowledge could have otherwise been utilized for the benefit of
the society, would be simply rendered useless for the society in
the sense their knowledge cannot be utilized for the welfare of
the society. The question is not whether these appellants deserve H
830 SUPREME COURT REPORTS [2016] 7 S.C.R.

A any sympathy. A larger question- whether this 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. Obviously, it takes another five
years of time and expenditure of considerable material resources
to produce another set of 634 qualified medical graduates. It is
B
in the background of this consideration, this issue is required to
be decided. Another important consideration in the context is
that most of the appellants, whatever be their respective role, if
any, in the tampering of the examination process, must have been
'juveniles' as defined under the Juvenile Justice Act. They cannot
c be subjected to any 'punishment' prescribed under the criminal
law even if they are not only the beneficiaries of the tampered
examination process but also the perpetrators of the various acts
which constitute offences contaminating the examination process.
For the said reasons, the appellants should be permitted to
complete their study of medicine and become trained doctors to
D
serve the nation. But at the same time there is a compelling
national interest that dishonest people cannot be made to believe
that "time heals everything' and the society would condone every
misdeed if only they can manage to get away with their wrong
doing for a considerably long period. Society must receive some
E compensation from the wrongdoers. Compensation need not be
monetary and in the instant case it should not be. 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, nor any claim for absorption into the
F
service of the State subject of course to the payment of some
allowance (either in cash or kind) for their survival. The appellants
be handed over the certificates of their medical degrees only
after they complete the five years. [Para 54, 55, 56] (870-D-G;
871-A-E]
G Situ Sahu & Others v. State of Jharkhand & Others
(2004) 8 SCC 340: 2004 (4) Suppl. SCR 258- relied
on.
B. Ramanjini & Others v. State of A.P. & Others (2002)
5 SCC 533 : 2002 (3) SCR 506; S.P. Chengalvaraya
H Naidu (Dead) by LRs v. Jagannath (Dead) by LRs &
NlDHI KAIM v. STATE OF MADHYA PRADESH 831

Others, (1994) 1 SCC 1: 1993 (3) Suppl. SCR 422; A
Board of High School and Intermediate Education, U.P.
v. Ghanshyam Das Gupta & Others 1962 Supp (3) SCR
36 - referred to.
Lazarus Estates Ltd. v. Beasley (1956) 1 All ER 341 -
referred to. B
PER SAPRE, J. (Partly dissenting) 1. The facts of the case
at hand are identical partly to the facts of the case of Bi/iar School
Examination Board and partly to the facts of Bagleshwar Prasad
and Prem Prakash. This I say for the following reasons. First,
this is a case where large number of candidates (more than two c
hundred) in the examinations held from 2008 to 2012 were found
involved in copying like what was noticed in the case of Biliar
School Examination where 36 candidates were found involved in
copying. Second, there was uniform pattern adopted by the
candidates for doing copy in the examinations. This circumstance
lends support to the fact that "mass copying" was done by the D
candidates in a planned manner; Third, candidates who managed
to sit in pair in close proximity (described as "scorer" and
"beneficiary"), their wrong answers consistently matched with
each other. This circumstance was relied on in the cases of
Bagleshwar Prasad and Prem Prakash Kalunia for forming an E
opinion that both the candidates copied from each other; Fourth,
the material seized in investigation prinw facie established that
"mass copying" was done in a planned manner by the several
candidates (appellants) to enable them to answer the questions;
Fifth, interpolations were found in sitting plan originally made by
Vyapam for some years to accommodate the candidates F
(appellants) and others like the appellants to sit in a particular
examination center in close proximity with each other so that
they are able to copy from each other; Sixth, many candidates
despite clearing the examination did not take admission in any
medical college. There was no satisfactory answer given by them G
barring very few; Seventh, material seized in investigation was
found sufficient by the Expert Committee to form an opinion that
it was a case of "mass copying". In addition it was also established
on probabilities and circumstantial evidence that the candidates
in large scale which included the appellants did mass copying;
H
832 SUPREME COURT REPORTS [2016] 7 S.C.R.

A Eighth, the Expert Committee examined the issues from all angles
and analyzed the material seized for coming to a conclusion that
it was a case of "mass copying" done by the candidates in large
scale as a part of a planned strategy and that they used unfair
means; Ninth, allegations of ma/a fides were not alleged in the
writ petitions by any candi~ate against any member of Expert
B
Committee or/and officials of the StateNyapam; Tenth, the writ
court rightly did not act as an appellate court to reverse the
decision of Expert Committee; Eleventh, the formula evolved
by the Expert Committee was usually applied in such type of cases
by various institutions and no perversity or/and arbitrariness was
c shown by the appellants in the formula except to contend that it
was not a proper formula; and lastly, the expression "mass
copying" not being defined in any Act/Regulation/Rules, its
meaning in ordinary parlance can be summed up as "sizable or
large number of candidates found copying or discovered to ltave
copied wltile answering their question paper by using unfair means
D
in examination". This fully applies to the facts of the case at hand.
[Paras 45, 46) [889-A-H; 890-A-C]
The Bihar School Examination Board v. Subhas
Chandra Sinha & Others (1970) 1 SCC 648: 1970 (3)
SCR 968; Board of High School and Intermediate
E Education, U.P., Allahabad & Another v. Bagleshwar
Prasad & Another (1963) 3 SCR 767 - relied on.
2. Neither the writ court and nor this Court could sit as an
appellate Court over the decision of the Expert Committee and
find fault in the material relied on by the Committee; Secondly,
F the method evolved by the experts was usually applied to find
out as to whether two candidates had copied from each other and
hence no fault could be noticed in it; Thirdly, the decision to cancel
the results was based on other contemporaneous material seized
during the investigation by STF; Fourthly, the decision to cancel
G the results was not taken in post-haste but was taken with full
application of mind by the Expert Committee which consists of
experts in subjects and lastly, this being a case of "mass copying",
it was neither necessary to give any show cause notice to the
appellants and nor necessary to supply the material to the
appellants. [Para 48) (890-E-F]
H
NIDHI KAIM v. STATE OF MADHYA PRADESH 833

3. It is a clear case of what is called in ordinary parlance a A
"mass copying". The procedure adopted by the StateNyapam
cannot be said to be unfair or arbitrary. The action impugned is
not in breach of rules of natural justice which has no application
to the facts of this case. It is a settled principle that rules of
natural justice are not embodied rules and hence such rules cannot
B
be put in a strait-jacket. The object of tke rules of natural justice,
is only to ensure that order causing civil consequences should
not be passed arbitrarily. It is not that in every case, there must
be an opportunity of oral hearing to person concerned. This
principle applies to the case at hand. [Para 50] [891-A-C]
4. This takes to the next submission namely, that since c
there was inordinate delay in taking the decision to cancel the
examination and in the meantime the appellants have altered their
position by completing their degree course, or are about to
complete the Course in near future and hence this Court should
protect the appellants' interest on equitable considerations. The D
appellants are not entitled to claim any equitable relief on the
ground that they have almost completed their course during the
interregnum period and hence no action on the basis of their
PMT Examination results is called for. The case at hand prima
facie established a case of "mass copying" attributable to the
appellants who resorted to unfair means in a planned way in the E
PMT examination and lastly, when any action is done discretely,
it takes times to discover. In these circumstances, the 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 F
who crossed the age limit, if prescribed. Such liberty, if granted,
would not cause any prejudice to any one and at the same time
would do substantial justice to all such candidates. Beyond this,
the appellants are not entitled to claim any indulgence. [Paras
51, 57, 58, 61) [891-D; 894-A-B, C-D; 895-H; 896-A-B]
G
5. It is well known that the Examination is always considered
as one of the major means to assess and evaluate candidate's
skills and knowledge be it a school test, university examination,
professional entrance examination or any other examination.
Candidate's fitness for his further assignment whether in studies
H
834 SUPREME COURT REPORTS [2016] 7 S.C.R.

A or employment is, therefore, judged on the basis of his
performance in the examination. It is for this reason, the
examination is considered as a common tool around which the
entire education system revolves. Examination malpractices,
academic fraud or cheating in the examination is as old as the
examination itself. Study made by the educationist ·has revealed
B
that these malpractices are gradually on the rise across the world
and has caused a threat to public trust in reliability and credibility
to the system as a whole. These malpractices occur within and
outside the examination halls and are perpetrated by the
candidates, staff and other external agencies before, during and
c after the examination. Various kinds of strategies are innovated
and then applied to enable the candidate to clear the examination
any how. It has, therefore, destroyed the piousness of the
examination. With a view to prohibit such activities, State of A.P.
had enacted a legislation but it was found inadequate to control
such activities. It is, therefore, the collective responsibility of
D
the Government (Central/States), educational bodies/Institutions
to ponder over and evolve a uniform policy in a comprehensive
manner to firmly deal with such activities in the larger public
good. It is hoped that effective remedial steps would be taken in
that regard. (Paras 68 to 70) (897-G-H; 898-A-D)
E Board of High School and Intermediate Education, U.P.,
Allahabad and Anr. v. Ghanshyam Das Gupta and Ors.
AIR 1962 SC 1110: 1962 Supp (3) SCR 36; Prem
Parkash Kaluniya v.. Punjab University and Ors.
(1973) 3 SCC 424; B. Ramanjini & Ors. v. State of A.P.
F & Ors. (2002) 5 SCC 533: 2002 (3) SCR 506; Chief
General Manager, Calcutta Telephones District, Bharat
Sanchar Nigam Ltd. v. Surendra Nath Pandey & Ors.,
2011 (15) SCC 81: 2011 (14) SCR 840; Ram Preeti
Yadav v. U.P. Board of High School and Intermediate
Education and Ors. (2003) 8 SCC 311:2003 (3) Suppl.
G SCR 352; Madhyamic Shiksha Manda! MP. 1( Abhi/ash
Shiksha Prasar Samiti & Ors., (1998) 9 SCC 236 -
relied on.
Priya Gupta v. State of Chhattisgarh and Ors. (2012) 7
SCC 433: 2012 (5) SCR 768; Union qf India & Anr. v.
H Tulsiram Patel (1985) 3 SCC 398: 1985 (2) Suppl.
NIDHI KAIM v. STATE OF MADHYA PRADESH 835

SCR 131; Dr. Dinesh Kumar & Ors. v. Motilal Nehru A
Medical College, Allahabad & Ors., (1985) 3 SCC
542:1985 (2) Suppl. SCR 1; State of Maharashtra &
Ors. v. Jalgaon Municipal Council & Ors. (2003) 9 SCC
731:2003 (1) SCR 1112; Situ Sahu & Ors. v. State of
Jharkhand & Ors. (2004) 8 SCC 340:2004 (4) Suppl.
B
SCR 258 - Distinguished.
Case Law Reference
In the Jude;ment of Chelameswar, J.
19(~ (3) SCR 968 relied on Para 26
20Q~ (3) SCR 506 referred to Para 26 c
(1963) 3 SCR 767 relied on Para26
1962 Supp (3) SCR 36 referred to Para27
2002 (5) Suppl. SCR 605 relied on Para 27
20~2. (5) SCR 768 Explained Para 40
2003 (3) Suppl. SCR 352 Explained Para 41 D
1993 (3) Suppl. SCR 422 referred to Para 43
19~~ (2) SCR 278 relied on Para 48
2004 (4) Suppl. SCR 258 relied on Para 49
E
In the Judi:;ment of Aba:r Manohar Sal.!re, J.
1962 Supp (3) SCR 36 relied on Para24
0?63) 3 SCR 767 relied on Para 45
19(~ (3) SCR 968 relied on Para 45
20Q~ (3) SCR 506 relied on Para36 F
(1973) 3 sec 424 relied on Para 45
2011 (14) SCR 840 relied on Para38
2003 (3) Suppl. SCR 352 relied on Para 41
0?98) 9 sec 236 relied on Para 54
G
20p (5) SCR 768 Distinguished Para 59
1985 (2) Suppl. SCR 131 Distinguished Para 62
1985 (2) Suppl. SCR 1 Distinguished Para 62
2003 (1) SCR 1112 Distinguished Para62
2004 (4) Suppl. SCR 258 Distinguished Para 62 H
836 SUPREME COURT REPORTS [2016] 7 S.C.R.

A CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1727
of2016.
From the Judgment and Order dated 07.10.2014 of the High Court
of Madhya Pradesh, Bench at Jabalpur in Writ Petition No. 7676 of
2014
B WITH
C.A.NOS.1720-1724, 1726, 1728, 1729, 1733, 1734-1741, 1742-
1749, 1750-1751, 1752, 1753-1758, 1759-1764, 1765, 1766, 1767-1768,
1769-1774, 1776-1787, 1788, 1789-1791, 1792-1794, 1795-1798, 1799-
1805, 1806-1808, 1809, 1810-1811, 1812, 1813-1814, 1815, 1816-1817,
c 1818-1819, 1820, 1821, 1822-1824, 1825, 1826, 1827, 1828, 1830, 1831-
1832, 1833, 1834, 1835, 1836-1837, 1838, 1839, 1840, 1841, 1842, 1843,
1844, 1845, 1846and 1847-1852of2016.
Dr. Raj iv Dhavan, Ms. Indu Malhotra, Sr. Advs., Vijay Kumar,
Thomas Oommen, Ms. Bharti Tyagi, Sunny Choudhary, Nikhil Jain, Gagan
D Deep Sharma, Ms. Preeti Singh, Ms. Vikram Mehta, Varun Kumar
Tikmani, Varun Singh, Vikas Mehta, Nar Hari Singh, Aniruddha P. Mayee,
Varinder Kumar Sharma, Bharat Singh, Ashish Kr. Upadhyay, Amit
Pawan, Ms. Pragati Neekhra, Suryanarayana Singh, Karamveer Jindal,
Divyakant Lahoti, Anish Gupta, Shashank Garg, Pulkit Tare, Rameshwar
E Prasad Goyal, Rajender Prasad, Ms. Abha R. Sharma, Navin Prakash
Ms. Meetu Singh, Purushottam Sharma Tripathi, T. Mahipal, Mithilesh
Kumar Singh, Mrs. Manju Singh,Akshay Ringe, E. C. Agrawala, Atishi
Dipankar, Advs. for the Appellant.
Ranjit Kumar, SG, Maninder Singh, ASG, Ms. Meenakshi Arora,
F
Sr. Adv., R. Balasubramanian, Raj iv Nanda, Santosh Kumar, B. V. Bairam
Das,Rajul Shrivastava, K. Krishna Kumar, Purushaindra Kaurav, Mishra
Saurabh,Ankit Kr. Lal, Sanjeev Bansal, Akshay K. Ghai, Rajeev Kumar
Bansal, C. D. Singh, Amithesh Kumar, Shashank Shekhar, (For M. K.
Sinha), Gaurav Sharma, Prateek Bhatia, Dhawal Mohan, Arjun Garg,
Mani sh Yadav, Pramod Sharma,Abhinav Gupta, Ms. PratibhaJain, Advs.
G for the Respondents.
The following Judgments and Order of the Court were delivered
by
CHELAMESWAR, J. I. The Madhya Pradesh Vyavsayik
Pariksha Manda! Adhiniyam, 2007 [The Madhya Pradesh Professional
H
NIDHI KAIM v. STATE OF MADHYA PRADESH 837
[CHELAMESWAR, J.]

Examination Board Act, 2007] (hereinafter referred to as 'the Act') A
came into force on 15°' October 2007. Section 3 1 of the said Act
contemplates establishment of a Board (a body corporate) by a
notification of the State Government. Admittedly, as on today, the
notification constituting the Board has not been issued, but a body
constituted earlier under various executive orders' of the State of Madhya
B
Pradesh (hereinafter referred to as "the BOARD") continues to be in
existence. It carries on various activities.
2. One of the objectives of the statutory Board specified under
Section I 0 is as follows:
"(a) to conduct entrance examinations for admission to various c
professional and other educational institutions on the request of
the State Government, other State Governments, Central
Government, Universities and national or state level institutions."
3. It appears that admissions to various medical colleges either
privately managed or managed by the government in the State of Madhya D
Pradesh are regulated by a common entrance examination [called as
"Pre-Medical Entrance Test (PMT)]. such an examination was
conducted annually by the BOARD. The Act came to be passed with a
view to create a statutory basis for the BOARD which, inter alia, is
required_ to conduct entrance examinations for admissions into various
educational institutions including medical colleges. Unfortunately, the E
notification contemplated under Section 3 never came to be issued but
everybody in the administration of the State of Madhya Pradesh
proceeded all these years on an assumption that the BOARD (a mythical
beast) would somehow became the body contemplated under Section 3
of the Act. This aspect of the matter is one of the issues in the case; F
and, therefore, I shall deal with it later in this judgment.

1
Section 3. Incorporation of the Board. - (I) The State Government shall establish by
a notification, a Board to be called the Madhya Pradesh Professional Examination
Board with effect from such date as may be specified in the notification.
(2) The Board shall be a body corporate by the name of the Madhya Pradesh
Professional Examination Board and shall have perpetual succession and a common G
seal with power to acquire and hold property, both movable and immovable and shall
have power to transfer any property held by it and to contract and do all other things
necessary for the purposes of its constitution and may sue or be sued in its corporate
name.
2
For the details of the executive orders, See Ku. Pratibha Singh (Minor) v. The State of
Madhya Pradesh & Others. 2014 (Ill) MPJR 178 H
838 SUPREME COURT REPORTS (2016) 7 S.C.R.

A 4. Entrance examination for admissions into medical colleges for
the year 2013 was conducted by the abovementioned BOARD on
7.7.2013. On the same day, a crime came to be registered in FIR No.539
of 2013 alleging commission of various offences pursuant to a large
scale conspiracy in the context of the examination. The FIR came to be
registered against several persons including students and some employees
B
of the State of Madhya Pradesh who were working in the administration
of the BOARD.
5. The Chairman of the BOARD also caused some enquiry3 into
the allegations. By two orders, dated 9.10.2013 and 6.12.2013, the
BOARD cancelled the results of 345 and 70 candidates respectively.
c As a consequence, admissions granted to the abovementioned students
in various medical colleges stood cancelled. Challenging those orders, a
batch of writ petitions came to be filed before the Madhya Pradesh
High Court. All the said writ petitions were dismissed by an order dated
11.4.2014 of the Division Bench of the Madhya Pradesh High Court in
D Ku. Pratiblta Singh v. Tile State of Madhya Pradesh & Others. The
correctness of the said judgment was questioned in SLP (C) Nos.13629-
630 of2014 (Pooja Yadav & Another v. State of M.R & Others) and
16257 of 2014 (Sumit Sinha v. State of M.P. & Others), which were
dismissed by orders dated 19.5.2014 and 08.08.2014 respectively
confirming the judgment of the High Court.
E 6. Parallelly, the police investigated the crime (FIR No. 539/2013)
mentioned supra. Some officers of the BOARD and others were
arrested. Pursuant to information gathered during the course of the
investigation of the abovementioned crime, the investigating agency sent
two letters dated 23. I 0.2013 and 31.12.2013 4 to the BOARD. It is
F ' The nature of the enquiry "·as discussed by Madhya Pradesh High Court in great detail in
the judgment of Ku. Pratibha Singh (Minor) v. The State of Madhya Pradesh & Others,
2014 (Ill) MPJR 178
• (a) In reference to above subject. it is submitted that on conducting inquiry from the
accused arrested in the cases registered in connection with referenced examination and
other examinations in S.T.F.. M.P. Bhopal and even in so far as the accused arrested by
your office have stated regarding forgery in these examination. Accused Jagdish Sagar and
Sanjiv Shilpkar arrested in the S.T.F. Crime No.12/2013. under Section 420, 467. 468,
471. 120 B l.P.C .. 3(0)1. 2/4 M.P. Recogniltion Examination Act. 1937 have stated
G regarding forgery for setting of equal roll number in P.M.T. Examination 2012 and 2013
and for setting of equal roll numbers in the P.M. T. Examination 2013 in collusion with
Officers of Vyapam namely Nitin Mahindra and Others.
Therefore, it is requested to provide report after conducting investigation in accordance
with law as conducted in connection P.M.T. Examination 2013. P.M.T. Examination
2012. in the referenced P.M.T. Examination 2009. 2010. 2011. so that. action would be
taken in accordance with law in connection with above: - relevant portion of the letter
dated 31.12.2013
(b) We understand that the original letter is in vernacular and the above is a Translation
H placed on record before us."
NIDHI KAIM v. STATE OF MADHYA PRADESH 839
[CHELAMESWAR, J.]

informed at the bar that the first of the abovementioned letters informed A
the BOARD about some irregularities in the conduct of the PMT of
20 I 2, and the second called upon the BOARD to cause an inquiry into
and provide certain information with regard to the PMTs of the years
2009 to 2011. On receipt of the said letters, the BOARD decided to
enquire into the PMT process ofnot only the years 2009 to 2012 but also
B
the year 2008.
7. The enquiry was conducted. The pattern of the enquiry is
similar to the one conducted concerning PMT 2013. Based on the enquiry
reports, the Soard came to two conclusions: (i) there was a tampering
with the examination process in each one of the abovementioned five
years; and (ii) the appellants as well as some others students 5 resorted c
to unfair means at the said examinations. They were beneficiaries of
such tampered examination process. The BOARD, therefore, cancelled
the admissions of the appellants and some others. Aggrieved, a large
number of students, whose admissions were cancel led, approached the
Madhya Pradesh High Court by filing writ petitions. Majority of the writ D
petitions came to be dismissed by a common judgment dated 24.09.2014.
The remaining writ petitions came to be dismissed by another common
judgment dated 7.10.2014 in the light of the judgment dated 24.09.2014.
The instant appeals arise out of the said judgments preferred by some of
the unsuccessful petitioners therein (students).
E
8. Before I proceed to examine the correctness of the impugned
judgments, I think it would be profitable to describe broadly the
examination process (with respect to which there is no dispute) conducted
by the BOARD and also the nature of the allegations which formed the
basis for the cancellation of the admissions of the various students.
F
THE PROCESS:
9. Each year the BOARD conducted a common entrance
examination (for example PMT 2013) for all students aspiring to secure
admission to various medical colleges in the State of Madhya Pradesh.
G
Year Number of Students
2012 319
2011 98
2010 90
2009 85
2008 42
H
840 SUPREME COURT REPORTS [2016] 7 S.C.R.

A Each year a large number of students (in tens ofthousands)6 not only
from various parts of the State of Madhya Pradesh but also from other
States appear for such examination. The examination is conducted in
different cities/towns of Madhya Pradesh and in each city/town there is
one or more identified examination centres depending upon the number
of students choosing to appear for the PMT from that city/town. These
B examination centres are usually located in existing educational institutions
ii! the city/town.
l 0. Each of the students applying is initially given a registration
number and is subsequently al lotted a Roll number. It is the agreed case
of all the parties that each of the students is entitled to choose a city/
c town where the student would like to take the examination. Depending
on the choice of the city/town in which the student wishes to take the
examination, students are allotted a specified examination centre or
centres (depending upon the number of students) in the city/town, as the
case may be. The process of generating roll numbers and allotment of
D the centre of examination to each one of the students is done by ll
computerised process. Such a process is designed and applied by an in-
house computer expert body of the BOARD.
11. According to the BOARD, such a computerised process of
generating roll numbers and allotting the students to various examination
E centres in the State is by following some logical pattern. The pattern
may vary from year to year and need not be the same for all the years.
For example, in a particular year, the allotment of roll numbers could be
in the alphabetical order of the names of the students, whereas in another
the same could be on the basis of the date of the application of the
student. (I make it clear that I am not examining the exact logic applied
F in each of these years. It was only meant to illustrate the possibilities of
the variations in the pattern.) What is important is the existence of a
pattern and logic underlying the generation and allotment ofroll numbers
and examination centres to the students. The existence of such pattern
is of great significance and relevance in the instant case.
G - --- ·- --·
'Year Total number of students
who appe.ared in tlie !'MT ..
i 2008 - - .. 38,37~ ·- - ----· --
I 2009 29,162
i 2010 26 711
: 2011 26,116
H : 2012 38.671
NIDHI KAIM' v. STATE OF MADHYA PRADESH 841
[CHELAMESWAR, J.]

12. Admittedly, there was no show cause notice to any one of the A
students before cancelling their admissions. No speaking order indicating
the reasons which formed the basis forthe cancellation of the admissions
was either passed or served on any one of the appellants. Reasons were
spelt out for the first time in the High Court. It appears from the impugned
judgment and the submissions made before us that respondents relied
B
upon circumstantial evidence 7 to reach the two conclusions referred to
in para 7 (supra).
13. The case of the appellants before the High Court was that:
(i) the impugned orders cancelling admission of the appellants
were passed in flagrant violation of the principles of natural
justice. None of the appellants had been given either -
c
a show cause notice indicating the allegations on the basis of
which their admissions were proposed to be cancelled;
7
The Circumstances are:-
(i) with respect to each of the five years in question, a definite pattern was followed by
D
the BOARD in allotment of Roll numbers as well as examination centres. But, it is
detected on enquiry that allotment of both the Roll number and the examination centre
with respect to some of the students was in deviation from the pattern adopted for the
year;
(ii) Such deviations with reference to several centres occurred in pairs. The logica!
pattern employed for the generation of Roll numbers was broken with respect to some
pairs of students. They were allotted sequential Roll numbers, though they could not E
have been allotted those numbers if the logical pattern were followed. Further, such
pairs of students were allotted examination Centres which they could not have been
allotted having regard to Roll numbers allotted to them, and the pattern of the Roll
numbers allotted to th.: particular examination Centre.
(iii) in such pairs, once again there is a pattern i.e. the more accomplished student is
made to sit in front of the other of the pair (referred to in the impugned judgment as
"Scorer" and "beneficiary" respectively). Such an arrangement was made in order to F
enable the ''beneficiary·· to copy from the '"scorer";
(iv) with reference to most of the identified pairs, the candidates not only got
substantially similar (if not identical) marks, but also their answers, both correct and
incorrect, with reference to each one of the questions answered by them matched to a
substantial extent.
(v) in most of the cases of the identified pairs, the 'scorer' did not belong to Madhya
Pradesh. G
(vi) Such ·scorers' in most of the cases though secured sufficiently high marks in the
PMT, did not take admission in any one of the medical colleges of Madhya Pradesh.
The respondents, therefore. believe that the 'scorers' were not genuinely interested in
securing admission in any medical college of MP and they appeared in the examination
only to facilitate the 'beneficiary' to obtain good marks to enable the beneficiary to
secure admission.
H
842 SUPREME COURT REPORTS [2016] 7 S.C.R.

A or
any order in writing containing the reasons which formed the
basis for the orders cancelling the admissions.
Therefore, the appellants are unaware of the reasons which
prompted respondents to cancel the admission of the appellants.
B Consequently, appellants had no opportunity to defend
themselves against the impugned action of cancellation of their
admissions. The entire exercise was undertaken behind the
back of the appellants. Therefore the action of the respondents
is illegal and void ab initio on the ground of non-compliance
c with the requirement of the principles ofnaturaljustice, more
particularly the rule of audi alteram partem.
(ii) that the circumstances (mentioned in the Footnote No.7) which
formed the basis for the twin conclusions of the respondents,
that there was a tampering with the examination process (in
D each of the years in question) and that the appellants and others
are beneficiaries of such tampered examination process are
without any proven factual basis and are pure conjunctures.
(Certain ancillary submissions made in this regard will be
considered later in this judgment).

E (iii)The appellants also argued very forcefully that the impugned
action against the appellants who belong to different batches
(commencing from 2008) is unsustainable in view of the long
lapse of time between the date of the alleged malpractice
committed by the appellants and the date of the action by the
respondents. It is submitted that the impugned action is arbitrary
F and violative of Article 14 of the Constitution because the
penalty is disproportionate to the alleged misconduct of the
appellants.
14. On the other hand, the defence of the respondent authorities
has been:
G
(i) it is a case of"mass copying" similar to a situation obtaining in
Tlte Bihar School Exami11atio11 Board v. Sublias C/uuu/ra
Si11lta & Others, ( 1970) 1 SCC 648 (hereinafter referred to
as Silrlw'.~ case) wherein this Court held that in such a situation,
there is no requirement of holding a "detailed inquiry into the
H matter and examine each individual case to satisfy ... which
NIDHI KAIM v. STATE OF MADHYA PRADESH 843
rcHELAMESWAR, J.l

one of the candidates had not adopted unfair means". A
Therefore, there is no violation of principles ofnaturaljustice
as contended by the appellants;
(ii) since the appellants secured admission through fraudulent
means, they cannot be permitted to retain the benefits accruing
out of such a fraud, merely on the ground that there was some B
delay in detection of the fraud.
15. The High Court agreed with the respondents and held that it is
a case of "mass copying" and there was no need to comply with the
requirement of the audi alteram partem rule. In coming to the conclusion,
the High Court relied upon its earlier decision in Pratiblta Singll 's case c
rendered in connection with PMT 2013 8 • The High Court also agreed
with the conclusion of the respondents that there was a logical pattern in
the allotment of Roll numbers and the examination centres to the students
(with respect to each of the years in question) and the said logical pattern
was breached with respect to the appellants. The High Court took note
of the fact that the conclusions of the BOARD are based on the opinion D
of an expert committee (essentially consisting of people qualified in
computer science) and the same cannot be interfered with in judicial
review.
16. The 2"d submission is also rejected by the High Court on the
ground that all the appellants resorted to unfair means in an organized E
manner (in collusion with officials of the BOARD and certain other
criminal elements who played a major role in perpetrating such a large
scale illegal activity) and played fraud on the examination system. The
High Court, therefore, opined that appellants cannot be permitted to retain
the benefit obtained through fraud merely because there was some time F
gap in detecting the fraud.
17. Hence, the instant appeals.

•'"Para 72. We have already held that the candidates had indulg~d in mass copying in
Pre-Medical Tests, 2008 to 2012 therefore, for the reasons assign~d by Division Bench
in paras 91 to 106 of the decision in the case of Pratibha Singh (supra) the principles of
G
natural justice would have no application in the peculiar fact situation of these cases..
"
[The judgment in Pratibha Singh 's case (supra) dated 11.4.2014 is a common judgment
delivered in a batch of writ petitions filed by number of students who had appeared in
the PMT 2013, but whose admissions were also cancelled on the allegation of large
scale malpractices in the said examination.] H
844 SUPREME COURT REPORTS [2016] 7 S.C.R.

A 18. On behalf of the appellants, it is argued before us:
(i) that the cases on hand are not cases of 'mass copying'.
Having regard to the small numberofthe students whose
admissions have been cancelled and having regard to
the large number of students who appeared for the
B examination in each of the years in question (the details
of which are already noted in para 7 supra), the number
of students who were alleged to have copied constitute
a small fraction, therefore, it cannot be said that these
are cases of "mass copying".
(ii) Apa1t from the objection based on the statistical data, it
c is also the case of the appellants that even conceptually
the case on hand cannot be a case falling under the
category of"mass copying". According to the appellants,
the expression "mass copying" has a definite legal
connotation as discussed in Bilt"r School Ex"mi11atio11
D Bo{lrd C{ISe (supra) and the case on hand does not
answer the description of"mass copying" as understood
in the said case.
(iii) Cancellation of the examination and the admissions of
the appellants without complying with the rule of audi
E alteram partem is illegal and assuming for the sake of
arguments that there was some basis (the expert
committee opinion) for the respondents to draw ce1tain
inferences which formed the basis for the allegations
constituting the circumstances leading to the twin
conclusions impugned by the appellants, there are
F considerable number of exceptions to each one of the
circumstances [mentioned in para (iii) to (vi) of the
Footnote No.7] asserted by respondents. Therefore,
the decision ofrespondents that the result of examination
of all these appellants required to be cancelled on the
ground that they resorted to "mass copying" without even
G
giving a reasonable opportunity to the appellants to defend
is flawed and legally untenable. In view of such
exceptions, it is imperative in law that the decision to
cancel admissions of the appellants must be preceded
by an appropriate enquiry compliant with the principles
H of natural justice.
NIDHI KAIM v. STATE OF MADHYA PRADESH 845
fCHELAMESWAR, J.l

(iv) The appellants also made some ancillary submissions A
to demonstrate that the evidence relied upon by the
respondents is based on facts (the details will be
considered at the appropriate place) which render the
evidence unreliable and unscientific.
(v) Even otherwise, cancellation ofresult of the appellants B
after a long lapse of time from the date of the commission
of the alleged malpractice (ranging from 1 to 5 years) is
an irrational exercise of the power by the BOARD. It
is argued that apart from the irrationality, such a course
of action would simply ruin the Iives of these candidates
as they would lose precious number of years in the prime c
of their youth and they would be ban-ed by age to pursue
any other course at this stage.
I make it clear that it is not the argument of any of the
appellants herein that the allegations [mentioned in the
Footnote 7], even if proved to be unexceptionable, would D
not be sufficient in law to justify the impugned action of
the respondents.
(vi) In the absence of a notification contemplated under
Section 3 of the Act, there is no validly constituted
BOARD under the Act and, therefore, the BOARD is E
without any authority of law to cancel the examinations
so far as they pertain to the appellants and also the
admissions of the appellants.
DISCUSSIONS:
F
I 9. l shall first deal with the submission No.( vi) of the appellants
i.e. in the absence of the notification contemplated under Section 3 of
the Act, the third respondent - a non- statutory Board - has no legal
authority to cancel either the examination conducted by it or the
admissions of the appellants to the various medical colleges.
G
20. The learned counsel for the appellants pointed out to Section
24(2)(e) of the Act which authorises the Board constituted under Section
3 of the Act to make regulations providing for "imposition of penalties on
candidates using unfair means or interfering in the examinations
conducted by the Board" and argued that such power would be available
only for the statutory Board, if ever constituted and the third respondent H
846 SUPREME COURT REPORTS [2016] 7 S.C.R.

A herein has no authority in law - in the sense of legislative sanction to
take the impugned action.
21. Admittedly the notification contemplated under Section 3 of
the Act has not been issued so far. The composition and legal structure
of the third respondent (BOARD) was discussed elaborately in Pratib/1a
B Singh 's case. It appears from the said judgment that the third respondent
(BOARD) was brought into existence "for conducting the examination
for admission in the medical, engineering and agricultural universities
and for admission in the polytechnics and initiate the necessary
proceedings in this regard" by a notification dated 17.4.1982 issued in
the name of the Governor. The said notification was published in the
c official gazette on 19.4.1982. Such a BOARD was initially constituted
with 13 members and reconstituted from time to time. Therefore, the
BOARD is a non-statutory 'body'. It is not a corporate entity. It has no
existence apart from the government. Barring the vague statement
(extracted above) regarding the purpose for which the BOARD is
D created, the Notification dated 17.4.1982 does not contain any details
regarding either the powers or the functions of the BOARD9 •
22. The net result is that the entire exercise of holding the PMT
and regulating the admissions of students into the various medical colleges
would be only an exercise of the executive powers of the State of Madhya
E Pradesh.
If the third respondent BOARD is without any authority of law
for taking the impugned action, it is equally without any authority oflaw
to conduct the common entrance examination (PMT).
Any admission based on the marks obtained at such common
F entrance examination would be equally without any authority of law in
the sense oflegislative sanction. Whatever be the legal implications of
the exercise of such power vis-a-vis others (which we are not called
upon to examine in these appeals), the appellants cannot be heard saying
that the BOARD has no authority of law to take action against them
G 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.

9
An unfortunate state of affairs in public administration of a country where people
associated with the different branches of governance under the Constitution make tall
H claims about the constitutional commitment to the rule of law in the country.
NIDHI KAIM v. STATE OF MADHYA PRADESH 847
fCHELAMESWAR, J.l

Even otherwise, the argument of the appellants is required to be A
rejected for the following reasons:
Under the scheme ofour Constitution, the executive power of the
State is co-extensive with its legislative power 10 • In the absence of any
operative legislation, the executive power could certainly be exercised
10 Rai Sahib Ram Jawaya Kapur & Others v. The State of Punjab. AIR 1955 SC 549 8
Para 7. Article 73 of the Constitution relates to the executive powers of the Union,
while the corresponding provision in regard to the executive powers of a State is
contained in Article 162. The provisions of these articles are analogous to those of
section 8 and 49(2) respectively of the Government of India Act, 1935 and lay down
the rule of distribution of executive powers between the Union and the States,
following the same analogy as is provided in regard to the distribution oflegislative
powers between them. Article 162, with which we are directly concerned in this
c
case, lays down:
'·Subject to the provisions of this Constitution. the executive power of a
State shall extend to the matters with respect to which the Legislature of the
State has power to make laws:
Provided that in any matter with respect to which the Legislature of a State
and Parliament have power to make laws. the executive power of the State D
shall be subject to. and limited by. the executive p0\1er expressly conferred
by this Constitution or by any law made by Parliament upon the Union or
authorities thereof."
Thus under this article the executive authority of the State is exclusive in respect to
matters enumerated in List I! of Seventh Schedule. The authority also extends to the
Concurrent List except as provided in the Constitution itself or in any law passed by
the Parliament. Similarly, Article 73 provides that the executive powers of the Union E
shall extend to matters with respect to which the Parliament has power to make laws
and to the exercise of such rights, authority and jurisdiction as are exercisable by the
Government oflndia by virtue of any treaty or any agreement. The proviso engrafted
on clause (I) further lays down that although with regard to the matters in the Concurrent
List the executive authority shall be ordinarily left to be State it would be open to the
Parliament to provide that in exceptional cases the executive power of the Union shall
extend to these matters also. F
Neither of these articles contain any definition as to what the executive
function is and what activities would legitimately come within its scope. They are
concerned primarily with the distribution of the executive power between the Union on
the one hand and the States on the other. They do not mean, as Mr. Pathak seems to
suggest, that it is only when the Parliament or the State Legislature has legislated on
certain items appertaining to their respective lists, that the Union or the State executive,
G
as the case may be. can proceed to !unction in respect to them.
On the other hand, the language of Article 162 clearly indicates that the
powers of the State executive do extend to matters upon which the state Legislature is
competent to legislate and are not confined to matters over which legislation has been
passed already. The same principle underlies Article 73 of the Constitution. These
provisions of the Constitution therefore do not lend any support to Mr. Pathak's
contention. H
848 SUPREME COURT REPORTS [2016] 7 S.C.R.

A to protect the public interest' 1• The right of each one of the appellants
herein for admission to the medical colleges in the State of Madhya
Pradesh is itself an emanation of the State's executive action. No doubt,
even executive action of the State can create rights. Unless there is
something either in the Constitution or law which prohibits the abrogation
or abridgment ofrights, it is permissible for the State to do so by executive
B
action in accordance with some specified procedure of law. No doubt,
that the overarching requirement of Constitution is that every action of
the State must be informed with reason and must be in public interest.
Nothing has been brought to our notice which prohibits the impugned
executive action. !fit is established that the adoption of unfair means on
c 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.
I, therefore, reject the submission of the appellants.
23. I shall now deal with the submissions No. (i) and (ii) of the
D appellants.
Before we deal with the submission, it would be profitable to
examine the relevant aspect of the judgment of this Court in Sbtlw's
case (supra), because the High Court placed a heavy reliance on the
said judgment for rejecting the submissions of the writ petitioners/
E appellants herein.
Though Sinlw's case acquired the notoriety as a case of "mass
copying'', the total number of students whose examination was cancelled
was 36 out of thousands of people, who appeared forthe examination in
the State ofBihar. Interestingly, the said judgment nowhere employed
F the phrase "mass copying". This Court was dealing with a question of
the legality of the action of the appellants in cancelling"the examinations
of all subjects held at the secondary school examination of 1969 at
Hanswadih centre" for the reason "that unfair means were practiced on
a large scale".
11 Bishambhar Dayal Chandra Mohan v. State of Uttar Pradesh & Others. ( 1982) I
G SCC39
"Para 20 .... In other words, the State in exercise of its executive power is charged with
the duty and the responsibility of carrying on the general administration of the State.
So long as the State Government docs not go against the provisions of the Constitution
or any law, the width and amplitude of its executive power cannot be circumscribed. If
there is no enactment covering a particular aspect, certainly the Government can carry
on the administration by issuing administrative directions or instructions, until the
legislature makes a law in that behalf. Otherwise, the administration would come to a
H standstill."
NIDHI KAlM v. STATE OF MADHYA PRADESH 849
[CHELAMESWAR, J.)

This Court laid down the principle that the rule of audi alteram A
partem need not be comp Iied with in connection with the cancellation of
examinations where it would be impracticable to apply the said principle.
Adoption of unfair means on a large scale is one of them. This Court did
not go by the percentage of the students who were alleged to have had
resorted to the practice ofunfair means. When this Court characterized
B
the situation as practice of unfair means on a 'large scale', it used the
expression only to distinguish the situation from cases of practice of
unfair means by one or two students. This Court has also held that there
are other circumstances justifying the departure from complying with
the audi alterG111 partem rule. They are - leakage of question papers
and destruction of a large number of answer papers'~. In my opinion, c
the examples given therein are not exhaustive of all the categories
constituting exceptions to the application of the rule of audi alteram
partem.
Therefore, the percentage of the students who are alleged to have
resorted to unfair means is irrelevant. Similarly, resorting to unfair means D
by a' large number of students' is not the only circumstance which justifies
the non-compliance with the rule of audi a/teram partem.
24. That leads me to the next question, whether the situation
prescribed in the case on hand falls within the exceptional circumstances
con.templatc:d by Sinlza's case? E
.25. A large number of judgments are cited before us to emphasise
the importance of the requirement to comply with the rule of audi alteram
partem as an aspect of the guarantee contained in Article 14 of the
Constitution. On the other hand, the respondents have relied upon an
equally good number of judgments to demonstrate that there are well F
known exceptions to the application of the principles of natural justice.
I do not think it necessary to examine all those judgments because as a
general proposition of law, there cannot be any dispute about the
importance of the above-mentioned rule.
However, the applicability of the said rule in the context of various G
situations which vitiate an examination process fell for the consideration
of this Court on more than one occasion. A law in this regard is fairly
well settled.
" The Court was thon not considering the rigl1t of an examining body to cancel its own
examination when it was satisfied that the examination was not properly conducted or
ihat in die conduct of the examination the majority of the examinees had not conducted
themselves as they should have. H
850 SUPREME COURT REPORTS [2016] 7 S.C.R.

A 26. The case of the BOARD is that for taking the impugned action,
they need not have proof of the guilt or complicity of the individual students
in contaminating the examination process. It is argued that if there is
some reasonably reliable material to establish the fact that the examination
process insofar as it concerns the appellants was contaminated, the
BOARD would be justified in law to take the impugned action. The
B
moment contamination of the examination process is established, the
BOARD is relieved of the legal obligation to comply with the rule of
audi alteram partem concerning the students who are the members of
the pairs identified by the BOARD (on the basis of the expert committee
report) to be the beneficiaries of the contaminated examination process.
c According to the BOARD, tampering with the examination process took
place on a large scale in each of the years in question, and it took place
pursuant to a deep conspiracy involving several people. Following the
rule of audi alteram partem in such circumstances would be an
impracticable exercise and the same is not required to be undertaken in
view of the judgments of this Court in Bilwr Sc/100/ Exuminfltion Bollrd
D
v. Sublws Clwndrll Sinlla & Others, ( 1970) 1 SCC 648 and B.
Rflmm1jini & Otllers v. St"te ofA.P. & Otllers, (2002) 5 SCC 533 to
emphasise on the need to comply with the rule of audi alteram partem.
The respondents also relied upon Board of Higlt Sclloo/ "ml
Intermediate Education, U.P., Allt1/utbtul & Anotlter le Baglesluvar
E Prasad & Anotller, ( 1963) 3 SCR 767 in support of their submission
that the scope of judicial reliance is very limited in the cases of
malpractices at examinations.
27. On the other hand, appellants placed heavy reliance on the
decision of this Court reported in Board of High School "nd
Intermediate Educfltion, U.P. 1'. G/u111shyt1111 Dlls Guptll & Ot/lers,
F
1962 Supp (3) SCR 36 and Onkar L"I Bt{it1.i & Otllers le Union of
India &Anotller, (2003) 2 SCC 673 to emphasise on the need to comply
with the applicability of the rule of audi alteram partem.
28. Glianshyam Das Gupta and Sublws Clumdr" Sin/I" directly
deal with the applicability of the rule of audi alteram par/em in the
G context of allegation of copying in an examination. Rt111u111ji11i's C(ISe
deals with cancellation of the examination (conducted for the purpose of
some recruitment process) on the ground of leakage of question papers
and .O!'k"r.La/ Bt{i"i (supra) deals with cancellation of allotment of
petrol pumps made to a large numberof people, on the basis of allegations
that such allotment was vitiated as a consequence of a corrupt process
H of selection.
NIDHI KAIM v. STATE OF MADHYA PRADESH 851
[CHELAMESWAR, J.)

29. B"f(lesh w"r Pr"md's c"se (supra) was a case of cancellation A
of examination results of only two students (the respondent before this
Court and another) on the ground that they had adopted unfair means. It
was not a case of non-compliance with the rule of audi alteram partem.
An inquiry was conducted by a Sub-Committee constituted for the said
purpose, and it found that both the students were guilty of adopting unfair
B
means. Both the students challenged the decision to cancel their
examination. The High Court set aside the impugned order on the ground
that there was no direct evidence on the basis of which a Committee
could have come to the conclusion that the students had adopted unfair
means.
This Cou1t reversed the High Cowt decision and held that the c
very fact that both the candidates gave identical answers was sufficient
evidence of adoption ofunfair means in the examination. While coming
to the conclusion, this Court observed that it would be "inappropriate in
such cases to require direct evidence 13 " and in cases where direct
13
Para 12. Jn dealing with petitions of this type, it is necessary to bear in mind that educational institutions
like the Uni\'ersities or Appellant I set up Enquiry Committees to deal with the problem posed by the D
adoption of unfair means by candidates, and normally it is within the jurisdiction of such domestic Tribunals
to decide all relevant questions in the light of the evidence adduced before them. In the matter of the
ado11tion of unfair means, direct evidence may sometimes be available, but cases may arise where direct
evidence is not available and the question will have to be considered in the light of probabilities and
circumstantial evidence. This problem which educational institutions han! to face from time to time is a
serious problem and unless there is justification to do so, courts should be slow to interfore with the decisions
of domestic Tribunals appointed by educational bodies like the Universities. In dealing with the validity
of the impugned orders passed by Uni\'crsities under A11icle 226, the High Com1 is not sitting in appeal over
the decision in question; its jurisdiction is limited and though it is true that if the impug11ed order is not
supported by any evidence at all, the High Court would be justified. to quash that order. But the conclusion E
that the impugned order is not supported by any evidence must be reached nncr considering the question as
to whether probabili1ies and circumslantial evidence do not justify the said co11clusion. Enquiries held by
domestic Tribunals in such cases must, no doubt, be fair and students against whom charges are famed must
be given adequate opportunities to defond themselves, and in holding such enqui1ies, the Tribunals must
scrupulously follow rules of natural justice; but it" ould, we thin kt not be rcasonnble to import into these
enquiries all considerations which go\'ern criminal trials in ordinary courts or law."
See also: ~laharashtra State Board of Seconllary and Higher Set.·ondary Education,., K.S.
Gandhi & Others, (1991) l SCC 716
"Para 37. It is thus well settled lnw that strict rules of the Evidence Act, and the standard of proof
envisaged therein do not apply to depa11mental proceedings or domestic tribunal. It is open to the authorities
F
to receive and place on record all the nccessal)', relevant, cogent and acceptable material facts though not
proved strictly in conformity with the Evidence Act. The material must be germane and relevant to the facts
in issue. In grave cases like forgery, fraud, conspiracy, misappropria1i_o11, etc. sddom direct evidence would
be available. Only the circumstantial evidence would furnish the proof. In our consiJered view inference from
the evidence and circumstances must be carefully distinguished from conjectures or speculation. The mind is
prone to take pleasure to adapt circumstances to one another and even in straining them a little to force them
to fonn parts of one connected whole. There must be evidence direct or circumstantial to deduce necessary
inferences in proof of the facts in issue. There can be no inferences unless there arc objective facts, direct or
circumstantial from which to infer the other fact which it is sought to establish. In some cases the other facts G
can be inferred, as much as is praclical, as if they had been actually observed. In other cases the inferences do
not go beyond reasonable probability. Jflhere are no positive proved facts, oral, llocumentmy or circumstantial
from which the inferences can be made the method of inference fails and what is left is mere speculation or
conjecture. Therefore, when an inference of proof that a fact in dispute has been held established there must be
some material facts or circumstances on record from which such an inference could he drawn. The standard of
proof is not proof beyond reasonable doubt "but" the preponderance of probabilities tending to draw an
inference that the fact must be more probable. Standard of proof cannot be put in a strait-jacket fommla. No
mathematical formula could be laid on degree of proof. The probative value could be gauged from facts and
circumstances in a given case. The standard of proof is the same both in civil cases and domestic enquiries."
H
852 SUPREME COURT REPORTS [2016] 7 S.C.R.

A evidence is not available "the questions will have to be considered in the
light of probabilities and circumstantial evidence". This case also laid
down the principles governing the judicial review of the decisions of
educational institutions (examining bodies) in the context of the adoption
of unfair means in examinations by the students. Though this Court held
that the educational institution must "scrupulously fol low the principles
B
ofnaturaljustice" the scope ofjudicial review was held to be very limited
and "it would ...... not be reasonable to import into these enquiries all
considerations which govern criminal trials".
30. It is not necessary to make any analysis of the judgment of
this Court in Glumsliy"m D"s Gupt" (supr") as the same was
c considered by this Court in Si11/w's C(lse, analysed and distinguished.
31. I shall now analyse Si11/w's case (supra).
In the month of March, 1969, the Bihar School Examination Board
conducted the examination forthe secondary school students. The results
of the examination were published. However, the result of all the 36
D
students who appeared for the examination at Hanswadih was not
announced. The Examination Board cancelled the examination insofar
as the abovementioned students are concerned on the ground that they
had reso11ed to 'unfair means on a large scale'. However, the students
were allowed to appear at a supplementary examination to be held in
E September 1969.
The students challenged the said decision of the Board before the
Patna High Cow1 successfully.
This Court reversed the decision of the Patna High Court.
Principally, two contentions raised on behalf of the students (which found
F favour with the High Court):
i) That, nobody complained aboutthe commission ofany malpractice;
therefore, the Board was not justified in cancelling the result."
ii) That there was a failure to comply with the requirement of
G " Para 9- The argument that no one had complained about the examination need not
detain us. The Tabulators sent their remarks on which investigation was made. The
Unfair Means Committee and the Moderators gave their opinion. These were sutftcient
for taking action. There was no need to wait for a complaint, nor was a complaint really
necessary. The results were withheld so that inquiries could be completed. In the
meantime the results of the other centres which were not under suspicion could be
declared because in their case there was no reason to withhold publication.
H
NIDHI KAlM v. STATE OF MADHYA PRADESH 853
fCHELAMESWAR, J.l

principles of naturaljustice. 1; A
were considered and rejected.
For reaching such conclusions, this couii took note of the fact
that the examination centre registered an unusually high rate of success
compared to the other examination centres 16 - a case of relying upon
circumstantial evidence. This Court further undertook a random inspection B
of the answer papers of the students and recorded a finding that "a
comparison of the answer books showed such a remarkable agreement
in the answers that no doubt was left in our minds that the students had
assistance from an outside source. Therefore, the conclusion that unfair
means were adopted stands completely vindicated." c
" Paral3. This is not a case of any particular individual who is being charged with
adoption of unfair means but of the conduct of all the examinees or at least a vast
mf(jority of them at a particular centre. If it is not a question of charging any one
individually with unfair means but to condemn the examination as ineffective for the
purpose it was held. Must the Board give an opportunity to all the candidates to
represent their cases? We think not. It was not necessary for the Board to give an D
opportunity to the candidates if the examinations as a whole were being cancelled. The
Board had not charged any one with unfair means so that he could claim to defend
himself. The examination was vitiated by adoption of unfair means on a mass scale. In
these circumstances it would be wrong to insist that the Board must hold a detailed
inquiry into the matter and examine each individual case to satisfy itself which of the
candidates had not adopted unfair means. The examination as a whole had to go.
E
"' Para 11. This brings us to the crux of the problem. The High Court interfered on
the ground that natural justice and fair-play were not observed in this case. This was
repeated to us by the respondents in the appeal. A mention of fair-play does not
come veriwell from the respondents who were grossly guilty of breach of fair-play
themselves at the examinations. Apart from the reports of the experts, the results
speak for themselves. At the other centres the average of successtUI candidates was
50%. At this centre the examinations had the following percentage: F
I. Mother Indian Language 94%
2. English 70%
3. Social Studies 95%
4. E\'eryday Science 90%
5. Elementary Mathematics 100%
6. Economics and Civics 92%
7. Elementary Physiology and Hygiene 96%
G
8. Geography 99%
9. History 88%
JO. Physics 70%
11. Chemistry 100%
12. AdYance Mathematics 99%
13. Sanskrit 100% H
854 SUPREME COURT REPORTS [2016] 7 S.C.R.

A The students relied upon an earlier judgment of this court in
Ghanshyam Das Gupta's Case. It was held therein that the students
(only 3 in number) whose examination was cancelled on the ground that
they had resorted to copying ~ught to have been given an opportunity to
defend themselves.
B This court distinguished Ghanshyam Das Gupta's case holding
that the said judgment did not imply that the rule of audi alteram part em
must be followed in cases " ... where the examination as a whole was
vitiated, say by leakage of papers or by destruction of some of the answer
books or by discovery of unfair means practised on a vast scale ...".
This Court further held that in G/w1tshyam D"s Gupta '"the Court was
c then not considering the right of an examining body to cancel its own
examination when it was satisfied that the examination was not properly
conducted or that in the conduct of the examination the majority of the
examinees had not conducted themselves as they should have" and after
so distinguishing Glumshy"m D"s Gupta. this Cow1 held as follows:
D "14 .... To make such decisions depend upon a full-fledged judicial
inquiry would hold up the functioning of such autonomous bodies
as Universities and School Board. While we do not wish to whittle
down the requirements of natural justice and fair-play in cases
where such requirement may be said to arise, we do not want
E that this Court should be understood as having stated that an inquiry
with a right to representation must always precede in every case,
however different. The universities are responsible for their
standards and the conduct of examinations. The essence of the
examinations is that the worth of every person is appraised without
any assistance from an outside source. If at a centre the whole
F body of students receive assistance and are managed to secure
success in the neighbourhood of I00% when others at other centres
are successful only at an average of 50%, it is obvious that the
University or the Board must do something in the matter. It cannot
hold a detailed quasi-judicial inquiry with a right to its alumni to
G plead and lead evidence etc., before the results are withheld or
the examinations cancelled. If there is sufficient material on which
it can be demonstrated that the university was right in its
conclusion that the examinations ought to be cancelled then
academic standards require that the university's appreciation of
the problem must be respected. It would not do for the Court to
H say that you should have examined all the candidates or even
NIDHI KAIM v. STATE OF MADHYA PRADESH 855
~[CHELAMESWAR, J.]

their represe~tatives with a view to ascertaining whether they A
had received assistance or not. To do this would encourage
indiscipline if not also perjury."
Sinlia's case.judgment, in my view, yie!ds the following principles:
(1) Where there are allegations that students resorted to "unfair
means on a large scale" at an examination, this court would B
not insist upon registration of a formal complaint. Any reliable
information suggesting the occurrence of such malpractice in
the examination is sufficient to authorize the examining body
_ to take action because examining bodies are "responsible for
their standards and the conduct of examinations" and ''the
e.sseoce of the examination is that the worth of every person is c
appraised without any assistance from an outside source".
(2) A lone circumstance could itself be sufficient in a g~ven Cl!Se
for the examining body to record a conclusion that tlie students
resorted to "unfair means on a '/arge-scal.e" in an
examination. This Court approv~d the conclusion of the Bihar D
.School Examination Board that the students had resorted to
unfair means .on a large scale in one examination centre 17 and
also approved the decision making process of the Board ·on
the basis of circumstantial evidence. The lone circumstance
that the success rate of the students who appeared for the
examination from the centre in question· is to'o high in E
comparison to other centres. ·
· (3) In such cases, the examining body need not hold "a. detailed
quasi-judicial inquiry with a right to its alumni to plead and lead
evidence etc." and the examining body's "appreciation of the
problem must be respected." F
(4) To insist on the observance of the principles ofnaturaljustic'e,
i.e. giving notice to each student and holding enquiry before
cancelling the examination in such'-eases would 'hold up the
functioning' of the educational institutions which are responsible
for maintenance of the standards of educ11tion, and "encourage G
indiscipline,-if not, also perjury".
17 To assure itsdfregarding the correctness of the said inference, this Court undertook

comparison of the answer papers of some of the students and recorded satisfaction that
such answer papers "showed such a remarkable agreement in the answ~rs that no do.ubt
was left in the minds of this Court that the students had assistance from an outside
source". H
856 SUPREME COURT REPORTS (2016) 7 S.C.R.

A (5) Compliance with the rule of audi a/teram partem is not
necessary not only in the cases of employment of 'unfair means
on large scale' but also situations where there is a 'leakage of
papers' or 'destruction of some of the answer books' etc.
(6) This Court drew a distinction between action against
B an individual student on the ground that the student had resorted
to unfair means in the examination and the cancellation of the
examination on the whole (or with reference to a group of
students) because the process itself is vitiated.
32. B. Ranumjitti's case was a case where the Government of
c Andhra Pradesh had cancelled the examinations conducted by the District
Selection Committee in Anantapur district on the basis ofa report of the
Superintendent of Police that there was mass copying and leakage of
question papers. The said order was set aside by the High Court. It was
a case where no oppo1tunity was given to the candidates before
cancelling the examination. The challenge was not on the ground that
D there was a failure ofnaturaljustice but on the ground that there was no
material before the State justifying the conclusion that the examination
process was vitiated. On appeal, this Court reversed the said order
holding that:
"8. Further, even if it was not a case of mass copying or leakage
E of question papers or such other circumstance, it is clear that in
the conduct of the examination, a fair procedure has to be adopted.
Fair procedure would mean that the candidates taking part in the
examination must be capable of competing with each other by
fair means. One cannot have an advantage either by copying or
F by having a foreknowledge of the question paper of otherw_ise.
In such matters wide latitude should be shown to the Government
and the courts should not unduly interfere with the action taken
by the Government which is in possession of the necessary
information and takes action upon the same. The comts ought
not to take the action Iightly and interfere with the same particularly
G when there was some material for the Government to act one
way or the other.... "
33. Coming to the case of 011kar Lal Bajaj (supra), Government
of India decided to cancel the allotment of all retail outlets, LPG
distributorship etc. which had been made on the basis of the
H recommendations of a 'Dealer Selection Board'. Such a decision was
NIDHI KAIM v. STATE OF MADHYA PRADESH 857
[CHELAMESWAR, J.]

taken in view of serious allegations ofillegality and impropriety in making A
such allotments. Approximately some 6000 allotments were cancelled
without any further enquiry and opportunity to any one of the allottees.
This Court set aside the Government's order of cancelling all allotments
with certain further directions that the cases of 413 dealers (who were
identified !:>y the court on the basis of the material placed before this
B
Court) be examined by a Committee consisting of a retired Judge of this
Court and another of the Delhi High Court. For reaching such a
conclusion, this Court rejected the submission of the Union oflndia that
in a given situation, it may be "legally permissible" to resort to such mass
cancellation where it is found that large number of selections were tainted
and segregation of good. and bad would be time consuming. This Court c
opined "the solution by resorting to cancellation of all was worse than
the problem. Cure was worse than the disease. Equal treatment to
unequals is nothing but inequality. To put both the categories - tainted
and the rest - on a par is wholly unjustified, arbitrary, unconstitutional
being violative ofArticle 14 of the Constitution."
D
34. From an analysis of the above decisions, the following principles
emerge:-
1. Nonnally, the rule of audi alteram partem must be scrupulously
followed in the cases of the cancellation of the examinations
of students on the ground that they had resorted to unfair means E
(copying) at the examinations.
2. But the abovementioned principle is not applicable to the cases
where unfair means were adopted by a relatively large number
of students and also to certain other situations where either
the examination process is vitiated or for reasons beyond the F
control of both students and the examining body, it would be
unfair or impracticable to continue the examination process to
insist upon the compliance with audi alteram partem rule.
3 The fact that unfair means were adopted by students at an
examination could be established by circumstantial evidence. G
4 The scope of judicial review of the decision of an examining
body is very limited. If there is some reasonable material before
the body to come to the conclusion that unfair means were
adopted by the students on a large scale, neither such conclusion
nor the evidence forming the basis thereof could be subjected
H
858 SUPREME COURT REPORTS [2016] 7 S.C.R.

A to scrutiny on the principles governing the assessment of
evidence in a criminal court. ·
Cases such as the one on hand where there are allegations of criminal
conspir~cies resulting in the tampering with the examination process for
the benefit of a large number of students would be certainly one of the
B exceptional circumstances indicated in Sinlw's C(ISe provided there is
some justifiable material to support the conclusion that the examination
process had been tampered with.
Jn the light of the principles oflaw emerging from scrutiny of the
abovementionedjudgments, we are of the opinion that case on hand can
c fall within the category of exceptions to the rule of audi alteram partem
if there is reliable material to come to the conclusion that the examination
process is vitiated.
That leads me to the next question - whether the material relied
upon by the BOARD for reaching the conclusion that the examination
D process was contaminated insofar as the appellants (and also some more
students) are concerned and the appellants are the beneficiaries of such
confaminated process, is tenable?
35. A great deal of effort was made by the appellants to
demonstrate to us that the various circumstances - relied upon by the
E respondents to reach the conclusion that each one of the appellants herein
is the beneficiary of a conspiracy by which the purity of examination
process undertaken by the Board is contaminated - are impeachable.
The learned counsel demonstrated before us that at least in some.cases,
one or more of the circumstances relied upon by the Board [indicated in
sub-paragraphs (iii), (iv), (v) and (vi) of Footnote 7 (supra)] are
F inapplicable. For example, the assumption that the "scorer" is a more
accomplished student than the "beneficiary" and that the "scorer" always
sat in front of the "beneficiary" at the time of the examination to enable
the "beneficiary" to copy from the "scorer" are demonstrated to be
wr,ong at least in some cases. There are cases where the "scorer"
G secured less marks than the "beneficiary". Similarly, the allegation that
"'scorers" did not take admission in any of the medical colleges of Madhya
Pradesh despite securing sufficiently high marks entitling them to obtain
admissions, is demonstrated to be wrong. At least in some cases "scorers"
have in fact joined some medical colleges in Madhya Pradesh.
36. There is nothing inherently irrational or perverse in the
H
NIDHI KAIM v, STATE OF MADHYA PRADESH 859
[CHELAMESWAR, J.]

BOARD's conclusions (i) that the examination process was tampered A
with; and (ii) that all the appellants herein who are identified to be members
of the 'pairs' (referred to earlier) are beneficiaries of such manipulated
examination process 18 , relying upon the circumstances (mentioned in
Footnote 7 supra) if they are unimpeachable. Each one of the
circumstances is an inference which flows from certain basic facts which
B
either individually or in combination with some other facts constituted
the circumstance. One or more of such facts (constituting circumstances
mentioned in (iii) to (vi) of Footnote 7 s~).are demonstrated to be not--
true (with reference to some of the appellants).
37. The proofofthe first two circumstances (mentioned in Footnote
7) depends upon the analysis of the data which is available on the c
-c<;>mputers. The fact that the entire process of the generation of roll
numbers to the students and allotment of the students to various
examination centres is done by a computerised process is not in dispute.
The assertion of the BOARD that technically such a process requires
SOME LOGIC to be followed is not disputed by the appellants. The D
expert committee (on an analysis of the data) (i) identified the logic
followed for generating the roll numbers and allotting the examination
centres and also (ii) reaching a conclusion that in the case of the appellants
and a few others the allotment was not in accordance with the logic
initially adopted. The same are not normallyamenable to judicial review.
because Courts would lack the necessary technical expertise to sit in E
judgment over such matters. Apart from that, there is no specific challenge
to those conclusions, except that the matter should have been examined
by an independent expert committee. I do not find any legal basis for
such a submission. I, therefore, see no reason to doubt either the factual
or legal correctness of the first two circumstances. F
'It, therefore, logically follows that there was a tampering with the
examination process insofar as the appellants and a few others are
concerned.
38. The other submission of the appellants in this regard is that if
there is a deviation from the general pattern with regard to the allotment G
of Roll Numbers and the examination Centres, the appellants could not
" Whether the said circumstances would be sufficient to connect any one of the
students on a criminal charge is a different question and we express no opinion on the
same as we understand that criminal cases are registered and are being investigated
against some of the appellants (ifnot all) in connection with the same transaction which
is the subject maiter of debate in these appeals. H
860 SUPREME COURT REPORTS [2016] 7 S.C.R.

A be blamed or 'penalised' because the entire process of the allotment
was done by the BOARD and its officials.
In my opinion, the question of either 'blame' or 'penalty' does not
arise in the context. If tampering with the examination process took
place, whether all or some of the appellants are culpable is a matter for
B a criminal court to examine as and when any of the appellants is sought
to be prosecuted.
But the fact that the examination process was tampered with is
relevant for administrative action such as the one impugned herein. The
said fact formed the foundation for the further enquiry for identifying
c the beneficiaries of such contaminated process. Having regard to the
circumstances relied upon, I do not see anything illogical or untenable in
the conclusions drawn by the expert committee which formed the basis
for the impugned action of the BOARD. It is argued that the formula 19
adopted by the BOARD to record the conclusion that the members of
the identified pairs resorted to unfair means at the examination is without
D any scientific basis. I do not see any irrationality either in the formula or
the decision of the BOARD to assign greater weightage to the incorrect
matching answers. There is nothing inherently suspicious about two
candidates sitting in close proximity in an examination and giving the
same correct answer to a question because there can only one correct
E answer to a question. On the other hand, if they give the same wrong
answer to a given question and ifthe number of such wrong answers is
high, it can certainly generate a doubt and is a strong circumstance
·indicating the occurrence of some malpractice. Such a test was approved
by this Court in Bag/es/1war Prasad's case 10
19 The Expert Committee evolved a formula to examine whether a conclusion could be
F reached with respect to the identified pairs that they had resorted to the unfair means.
The facts relevant for the said formula are:
( 1) the total number of questions answered by each number of the pair:
(2) the number of correct answers given by each number of the pair and how many of
the said correct answers matched;
(3) the number of wrong answers matched.
After determining the above mentioned numbers with respect to each of the identified
pairs, greater weightage is given to the incorrect matching answers to arrive at a conclusion
G that the number of the identified pair resorted to unfair means at the examination.
20
Para 6. " ... He admitted that the mistaken answers in the two papers were identical
and he pleaded that he could not say anything as to why this happened .... "
Para II. •· ... We have looked at the incorrect answers ourselves and we are not
prepared to hold that the identical incorrect answers were given by the two candidates
either by accident or by coincidence. Some of the incorrect answers, and, particularly,
the manner in which they have been given, clearly suggest that they were the result of
either one candidate copying from the other, or both candidates copying from a common
H source . ... "
NIDHI KAIM v. STATE OF MADHYA PRADESH 861
rcHELAMESWAR, J.l

Even otherwise, in my opinion, it would be futile to pursue the A
inquiry in this regard. Assuming for the sake of argument that the
submission of the appellants is right and there are some cases (of
appellants) where the appellants can demonstrate (if an opportunity is
given to them) that the circumstantial evidence is not foolproof and
therefore the impugned order must be set aside on the ground of failure
B
ofnaturaljustice, the BOARD wpuld still be entitled (in fact it would be
obliged in view of the allegation of systematic tampering with the
examination process year after year) in law to conduct afresh enquiry
after giving notice to each of the appellants. That would mean spending
enormous time both by the BOARD and by the appellants for the enquiry
and the consequential (inevitable) litigation regarding the correctness of c
the eventual decision of the BOARD.
For the abovementioned reasons, I do not propose to interfere
with the impugned judgment on the count that the rule of audi alteram
partem was not complied with by the respondents before cancelling the
admissions of the appellants herein. D
39. The next question that requires examination is the legality of
the action of the respondents after a lapse of considerable time. It varies
between one to five years with reference to each of the appellants. The
decision of the respondents necessarily led to litigation which consumed
another three years. The net result is that appellants, who belong to E
2012 batch, spent four years undergoing the training in medical course;
others progressively longer periods extending up to eight years but could
not acq.uire their degrees because of the impugned action and the
pendency of this litigation. Most of the appellants would have acquired
their degree in medicine by now if they had been successful at the
examinations. F

40. Learned counsel for the appellants made a fervent appeal
that this Court in exercise its jurisdiction under Article 142 permit the
appellants to complete their education subject to such conditions as this
Court deems fit, to satisfy the demand ofjustice. A very emotional appeal
was made during the course of hearing that the lives of 634 youngsters G
would be ruined if the impugned action of the respondents remains
unaltered. They would lose a decade of precious time of their youth and
they would become practically useless for themselves and for their
families-even forthe society. It is, therefore, submitted that this Court
may modify the impugned orders in the light of twin principles that (1) H
862 SUPREME COURT REPORTS [2016] 7 S.C.R.

A the public policy of this country even with regard to the crimes is that.
they cannot be taken cognizance of beyond the period of limitation
stipulated under various Jaws. It is submitted that as of now the appellants
are alleged to be only beneficiaries of a fraud but not yet proved to be
criminals; (2) the appellants are youngsters who were of adolescent age
at the time of the commission of the alleged fraud. Even ifit is proved
B
that each of the appellants is directly a participant in the 'crime', which
Jed to the tampering with the examination process (year to year), they
cannot be subjected to the punishment under the criminal law in view of
the provisions of the Juvenile Justice Act. Therefore, it is submitted that
thi$ Court may pass such orders, as it deems fit in the circumstances of
c the ca.se, short of depriving the appellants of their entire future. In this
regard, the learned counsel relied upon Priya Gupta v. State of
C/1/iattisxar/1 & Others, (2012) 7 SCC 433.
41. On the other hand, it is argued on behalf of the respondents
that having regard to the nature of deep rooted conspiracy behind the
D illegal admissions of the appellants, showing of any compassion in dealing
with the cases of the appellants would have adverse impact on the
enforcement of law in'this country. It is argued that having regard to the
well known maxim that "fraud vitiates everything" and the settled
principle oflaw that the benefits secured out ofa fraudulent action cannot
be permitted to be retained, the appellants cannot be permitted to claim
E any sympathetic consideration from this Court. In support of the said
submission, the learned counsel relied upon Ram Preeti Yadav i: U.P.
Board ofHig/1 Sc/ioo/ and Intermediate Education & Otllers, (2003)
s sec J 11. ·-- ·

42. Before I discuss the rival submissions mentioned above, I deem
F it appropriate to examine the two judgments relied upon hy the contending
parties.
43. Ram .Preeti Yadav's case was a case where intermediate
result of the third respondent before this Court was withheld on a suspicion
of his having employed unfair means in the examination. However, he
was issued a provisional marksheet which did not indicate that the result
of his intermediate examination has been withheld. ! On the basis of the
said provisional marksheet, he pursued higher studies and became a
post graduate and secured employment as a teacher in one of the colleges
in Uttar Pradesh. Some twelve years after intermediate examination,
H he was informed that his intermediate examination was cancelled.
NIDHI KAIM v. STATE OF MADHYA PRADESH 863
[CHELAMESWAR, J.]

Invariably litigation ensued. On examination of the factual background, A
.. this Court recorded a conclusion that "thus, it is evident that a fraud was··
committed. Respondent No.3 is the sole beneficiary to the said fraud
and it, as such, must be presumed that he was a party thereto". Invoking
the principle that "fraud avoids all judicial acts, ecclesiastical or temporal"
and relying upon two earlier judgments in S.P. Clie~1f("lv"r"y" N"idu
B
(Dead) by LRs v. Jag"nn(lt/t (Dead) by LRs & Others, ( 1994) 1 SCC 1
and Lazarus Estates Ltd. v. Beasley, (1956) 1 All ER 341, this Court.
reversed the High Court judgment granting relief to the third respondent.
44 . .In Pri}'" Gupta's case (supra), Priya Gupta's admission to
the MBBS course granted in the academic year 2006-07 was cancelled
by the State of Chhattisgarh in 2010 on the ground that such admission c
was not in accordance with the relevant Rules" 1• This Court didn't find
any illegality in the cancellation of the admission of Priya Gupta.""
. However, taking into consideration the fact that Priya Gupta had
already completed her course study, this Court held as follows:
D
"74. On the peculiar facts and circumstances of the case, though
we find no legal or other infirmity in the judgment under appeal,
but to do complete justice between the parties within the ambit of
Article 142 of the Constitution of India, we would permit the
appellants to complete their professional courses, subject to the
·condition that each one of them pay a sum of Rs 5 lakhs to E
Jagdalpur College, which amount shall be utilised for developing
the infrastrµcture in Jagdalpur College.
75. We have not and should not be even understood to have stated
any precedent for the cases like grant of admission and leave to
complete the cou-rs.e like the appellants in the present case." F
21 It was found that "the admission ... had been on the basis of fake letters purported
to be issued from the Directorate General of Health Services (DGHS) ... ".
22 ''Para 73 .... By their admissions, firstly, other candidates of higher merit have been

denied admission in the MBBS course. Secondly, they'have taken advantage ofa very
low professional college fee, as in private or colleges other than the government colleges,
the fee payable would be Rs.1,95,000 per year for general admission and for management
quota, the fee payable would be Rs.4,00,000 per year, but in government colleges, it is G
Rs.4000 per year. So, they have taken a double advantage. As per their merit, they·
. obviously would not have got admission into Jagdalpur College and woiilifliave been
given admission in private colleges. The ranks that they obtained in the competitive
examination clearly depict this possibility because there were only 50 seats in Jagdalpur
College and there are hundreds of candidates above the appellants in the order of merit.
They have also, arbitrarily and unfairly, benefited from lower fees charged in Jagdalpur
College." H
864 SUPREME COURT REPORTS [2016) 7 S.C.R.

A Both Ram Preeti Ytuktv and Priyll Gupta's cases (supra) are cases
where opportunities secured by individuals by some fraudulent means
were subject matter of litigation. While in the earlier case, this Court
declined to take into account the time gap between fraudulent act and
the detection of the fraud, for deciding the legality of the action against
Ram Preeti Yadav, in the latter case this Court thought it fit to permit the
B
benefits secured to be retained through fraudulent means on payment of
certain amount to be utilized "for developing the infrastructure" in the
college where Priya Gupta had studied. One of the many judgments of
this Court falling under the ''.jurisprudence of peculiar facts" with a caveat
that it does not constitute a precedent. !!
c 45. Be that as it may, both the above-discussed cases deal with
the question oflegality of the action taken against individuals (small in
number - one in the first of the abovementioned cases and two in the
second of the cases) in the context of their fraudulent conduct in securing
the benefits of higher education. They pleaded that it would be inequitable
D to deprive them of the benefits of their education after considerable
lapse of time. This Court rejected the plea of Ram Preeti Y{l(ktv both
.in law and fact, but in Priy" Gupt"'s Clise it was rejected in law? but
accepted in fact!
46. Coming to th~ case in hand, the number of students involved
E is relatively huge~,. In view of the conclusion recorded by me earlier
that neither the procedure adopted by the respondents nor the evidence
relied upon by the respondents for taking impugned action against the
appellants could be characterized as illegal, is it permissible for this Court
to interfere with the impugned action of the respondents either on the
ground that there is a considerable time lapse or that such action would
F have ruinous effect on the lives and careers of the appellants? and
therefore inequitable is a troubling question.
47. The public policy of the country and the larger public interests,
in our opinion, would be more appropriate guides than the considerations
of equity to decide the questions in the absence of any statutory
G prescription applicable to the controversy on hand.

" They are the beneficiaries of a tampered examination process. The tampering took
place systematically and repeatedly for a number of years virtually destroying the
credibility of the examination process. It deprived a number of other more deserving
H students from securing admissions to the medical colleges.
NIDHI KAIM v. STATE OF MADHYA PRADESH 865
fCHELAMESWAR, J.l

48. This court in Central Inland Water Transport Corporation A
Limited & Another v. Brojo Nath Ga11f(uly & A11otller, ( 1986) 3 SCC
156 explained the concept of public policy and its role in the judicial
decision making process in the following words:
"92. The Indian Contract Act does not define the expression "public
policy" or "opposed to public policy''. From the very nature of B
things, the expressions "public policy", "opposed to public policy",
or "contrary to public policy" are incapable of precise definition.
Public policy, however, is not the policy of a pa1ticular government.
It connotes some matter which concerns the public good and the
public interest. The concept of what is for the public good or in
the public interest or what would be injurious or harmful to the
c
public good or the public interest has varied from time to time. As
new concepts take the place of old, transactions which were once
considered against public policy are now being upheld by the courts
and similarly where there has been a well recognized head of
public policy, the courts have not shirked from extending it to new D
transactions and changed circumstances and have at times not
even flinched from inventing a new head of public policy. There
are two schools of thought- "the narrow view" school and "the
broad view" school. According to the former, courts cannot create
new heads of public policy whereas the latter countenances judicial
E
law-making in this area. The adherents of"the narrow view"
school would not invalidate a contract on the ground of public
policy unless that particular ground had been well-established by
authorities. Hardly ever has the voice of the timorous spoken more
clearly and loudly than in these words of Lord Davey
in Janson v. Driefontein Consolidated Gold Mines Ltd [(1902) F
AC 484, 500): "Public policy is always an unsafe and treacherous
ground for legal decision". That was in the year 1902. Seventy-
eight years earlier, Burrough, J., in Richardson v. Mellish [( 1824)
2 Bing 229, 252: 130 ER294, 303 and (l 824-34)All ER 258, 266)
described public policy as "a very unruly horse, and when once
you get astride it you never know where it will carry you". The G
Master of the Rolls, Lord Denning, however, was not a man to
shy away from unmanageable horses and in words which conjure
up before our eyes the picture of the young Alexander the Great
taming Bucephalus, he said in Enderby Town Football Club
H
866 SUPREME COURT REPORTS. (2016] 7 S.C.R.

A Ltd. v. Football Assn. Ltd. ((1971) Ch 591, 606]: "With a good
man in the saddle, the unruly horse can be kept in control. It can
jump over obstacles." Had the timorous always held the field, not
only the doctrine of public policy but even the common law or the
principles of Equity would never have evolved. Sir William
. .}Joldsworth in his History of English Law Vol. III, p. 55, has
B
said:
"In fact, a body oflaw like the common law, which has grown
up gradually with the growth of the nation, necessarily acquires
some fixed principles, and ifit is to maintain these principles it
must be able, on the ground of public policy or some other like
c ground, to suppress practices which, under ever new disguises,
seek to weaken or negative them."
It is thus clear thatthe principles governing public policy must be
andare capable, on properoccasion, ofexpansion or modification.
Practices which were considered perfectly normal at one time
D have today become obnoxious and oppressive to public
conscience. If there is no head of public policy which covers a
case, then the court must in consonance with public conscience
and in keeping with public good and public interest declare such
practice to be opposed to public policy. Above all, in deciding any
E case which may not be covered by authority our courts have before
them the beacon light of the Preamble to the Constitution. Lacking
precedent, the court can always be guided by that light and the
principles underlying the Fundamental Rights and the Directive
Principles enshrined in our Constitution."
F 49. One of the indicators of public policy on a given topic is the
legislation dealing with the topic. The questions on which the public policy
is required to be ascertained·in the context of the present case are:
I. Whether administrative action to nullify any benefit acquired by a
person through fraudulent means could be taken without reference
G to any limitation of time?
2. Whether a benefit obtained through the perpefration offraud could
be permitted to be retained?
The law of limitation is relevant and indicates to policy in the

H
NIDHI KAIM v. STATE OF MADHYA PRADESH 867
fCHELAMESWAR, J.l

context of the first question. Various periods of limitation are prescribed A
for initiation of legal proceedings under the Limitation Act, 1963 and
various other laws. This Court in Situ Sahu & Others v. State of
Jharklland & Others, (2004) 8 SCC 340 held that the statutory power
of suo moto revision could be exercised to deprive a person of the property
acquired bi him even in the cases where such acquisition is through
·B
fraudulent means only within a reasonable period. It was a case of the
claim of a member of a scheduled tribe that their ancestors were tenants
of a piece of land whose landlord obtained a deed of surrender by fraud.
The question before this Court was whether the Dy. Commissioner could
exercise the statutory authority under Section 71-A of the Chota Nagpur
Tenancy Act, I 908 at any point of time without any limitation and restore c
the land to the.claimant. This Court held that such power must be
exercised within a reasonable time.
Criminal law also prescribes time limits for taking cognizance of
· offences. But in cases of offences where the prescribed punishment is
more than 3 years, no period of limitation is provided under the Code of D
Criminal Procedure, I 973. 0 •
50. Public policy of this country regarding the retention of the
benefit obtained by perpetrator of crime is that normally the benefit cannot
be permitted to be retained by the perpetrator of crime. But the principle
is applied only on adjudication that the benefit was obtained by E
perpetration of crime.
5 l. A person adjudged to be guilty of an offence is not permitted

"See Sections 468 of the Code of Criminal Procedure. 1973
468. Bar to taking cognizance after lapse of the period of limitation.·
(I) Except as otherwise provided els~where in this Code, no Court shall take F
cognizance of an offence of the category specified in sub-section (2), after the expiry
of the period of limitation. . ·
(2) The period oflimitation shall 'be -
(a) six months, if the offence is punishable with fine only:
(b) one year. if the oftence is punishable with imprisonment for a term not
excee_ding 9ne year;
(c) three years, if the offence is punishable with imprisonment for a term G
exceeding one year but not exceeding three years.
(3) For the purposes of this section, the period of limitation, in relation to offences
which may be tried together, shall be determined with reference to the offence which is
punishable with the more severe punishment or, as the case may be, the most severe
punishment. '
H
868 SUPREME COURT REPORTS [20 I 6) 7 S.C.R.

A to retain the financial gains arising out of such crime. :5 Ttransfer of
property for the purpose of concealing the fact that it is the benefit
arising out of or statutorily presumed to be arising out of crime is not
" See Sections 452. 453 and 456 of the Code of Criminal Procedure. 1973
"Section 452. Order for disposal of property at conclusion of trial.- (I) When an
inquiry or trial in any Criminal Court is concluded, the Court may make such order as it
B thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming
to be entitled to possession thereof or otherwise, of any property or document produced
before it or in its custody, or regarding which any offence appears to have been committed,
or which has been used for the commission of any offence.
(2) An order may be made under sub-section (1) for the delivery of any property to
any person claiming to be entitled to the possession thereof, without any condition or on
condition that he executes a bond, with or without sureties, to the satisfaction of the
c Court, engaging to restore such property to the Court if the order made under sub-section
(I) is modi tied or set aside on appeal or revision.
(3) A Court of Session may, instead of itscl f making an order under sub-section (I),
direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon
deal with it in the manner provided in sections 457, 458 and 459.
(4) Except where the property is livestock or is subject to speedy and natural decay,
or where a bond has been executed in pursuance of sub-section (2), an order made under sub-
D section (I) shall not be carried out for two months, or when an appeal is presented, until
such appeal has been disposed of.
(5) In this section, the term '·property" includes. in the case of property regarding
which an offence appears to have been committed, not only such property as has been
originally in the possession or under the control of any party, but also any property into
or for which the same may have been converted or exchanged, and anything acquired by
such conversion or exchange. whether immediately or otherwise.
Section 453. Payment to innocent purchaser of money found on accused.· When
E
any person is convicted of any offonce which includes, or amounts to. theft or receiving
stolen properly. and it is proved that any other person bought the stolen property from
him without knowing or having reason to believe that the same was stolen, and that any
money has on his arrest been taken out of the possession of the convicted person, the
Court may, on the application of such purchaser and on the restitution of the stolen
property to the person entitled to the possession thereof. order that out of such money a
sum not exceeding the price paid by such purchaser be delivered to him.
F Section 456. Power to restore 1>osscssion of immovable property.- (I) When a
person is convicted of an offence attended by criminal force or show of force or by
criminal intimidation, and it appears to the Court that, by such force or show of force or
intimidation. any person has been dispossessed of any immovable property, the Court
may, if it thinks fit, order that possession of the same be restored to that person after
evicting by force, if necessary, any other person who may be in possession of the property:
Provided that no such order shall be made by the Court more than one month after
G the date of the conviction.
(2) Where the Court trying the offence has not made an order under sub-section (I),
the Court of appeal, conlimialion or revision may, if it thinks fit, make such order while
disposing of the appeal. reference or revision. as the case may be.
(3) Where an order has been made under sub-section ( I). the provisions of section 454
shall apply in relation thereto as they apply in relation to an order under section 453.
(4) No order made under this section shall prejudice any right or interest to or in such
H immovable property which any person may be able lo establish in a civil suit.'"
NIDHI KAIM v. STATE OF MADHYA PRADESH 869
[CHELAMESWAR, J.]

countenanced. 26 Similarly, it is the law of this country that a person found A
guilty of murder is not entitled to succeed (even ifhe is otherwise eligible
for succession in accordance with the relevant principles of succession)
to the estate of the victim 27 •
Situ Saltu's case (supra) is also a case establishing the principle
that the Jaw permits the retention of property acquired pursuant to B
fraudulent means (allegedly) because law does not permit an enquiry
into the allegation beyond the reasonable period.
However, when it comes to other civil rights, the public policy, as
can be discerned from various enactments, seems to be not to deprive
those who are found to have been guilty of offences of all their civil c
rights. For example, the right to contest an election for the various
constitutional bodies is denied to a person convicted of various offences
enumerated under Section 8 of the Representation of Peoples Act, 1951
but only for a certain specified period. Similarly, the right to vote is
denied to persons convicted of offences specified under Section 11 A of
the Representation of the People Act, 1951 for a period specified therein. D
It is also worthwhile noticing that even such disqualifications could be
removed by the Election Commission for reasons to be recorded. 28
It is required to be examined whether it would be consistent with
the public policy to deprive the appellants of the benefits of their education
on the ground that they secured certain benefits by adopting fraudulent E
means.
26
See Section 4 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of
Prope11y) Act, 1976
"Section 4. Prohibition of holding illegally acquired property.- ( 1) As from the
commencement of this Act, it shall not be lawful for any person to whom this Act
applies to hold any illegally acquired property either by himself or through any other F
person on his behalf.
(2) Where any person holds any illegally acquired property in contravention of the
provision of sub- section (I), such property shall be liable to be forfeited to the Central
Government in accordance with the provisions of this Act."
27
See Section 25 of the Hindu Succession Act, 1956
"Section 25. Murderer disqualified.-A person who com1nits murd.er or abets the
G
commission of murder shall be disqualified from inheriting the property of the person
murdered, or any other ·property in furtherance of the succession to which he or she
committed or abetted the commission of the murder."
'" See Section 11 of the Representation of the People Act, 1951
"Section 11. Removal or reduction of period of disqualilication.-The Election
Commission may. for reasons to be recorded, remove any disqualification under this
Chapter (except under section 8A) or reduce the period of any such disqualification. H
870 SUPREME COURT REPORTS [2016] 7 S.C.R.

A 52. We are informed that all the appellants are also being
investigated for the commission of various offences which if proved
would render them liable for imprisonment for-periods extending beyond
three years, and therefore, there is no period of limitation for taking
cognizance of them. Therefore, it cannot be said thatthe impugned action
against the appellants would be inconsistent with the public policy on the
8
ground of the time gap.
53. While it is a salutary principle based on public policy not to
permit the retention of 'property' obtained by fraudulent means, the
application of the said principle becomes a matter of doubtful utility to
the society in the contextofthe acquisition of knowledge by adopting
c fraudulent means examined from the point of view of the public interest.
In the context of property (economic gains), the application of the principle
works to the benefit of the rightful owner. But in the context ofacquisition
of knowledge, nobody would benefit by the application of the rule and
would therefore serve only a limited public purpose. ·'
D 54. Some 634 youngsters, who have already completed their
training in medicine (or about to complete) and whose knowledge could
have otherwise been utilized for-the benefit of the society, would be
simply rendered useless for the society in the sense their knowledge
cannot be utilized for the welfare of the society. The question is not
E whether these appellants deserve any sympathy. In my view, a larger
question- whether this 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. Obviously, it takes another
five years of time and expenditure of considerable material resources to
produce another set of 634 qualified medical graduates. It is in the
F background of this consideration, this issue is required to be decided.
55. Another important consideration in the context is that most of
(ifnot all) the appellants, whatever be their respective role, if any, in the
tampering of.the examination process, must have been 'juveniles'c9 as
defined under the Juvenile Justice Act. They cannot be subjected to any
G 'punishment' prescribed under the criminal law even if they are not only
. \
the beneficiaries of the tampered examination process but also the
29
Section 2(k) - 'juvenile" or "child" means a person who has not completed eighteenth
yearofage; 3[(1) ''.juvenile in conflict with law" means ajuvenile who is alleged to ha.ve
committed an offence and has not completed eighteenth year of age as on the date of
commission of such offence
H
NIDHf KAIM v. STATE OF MADHYA PRADESH 871

perpetrators of the various acts which constitute offences contaminating A
the examination process.
56. For the abovementioned reasons, I would prefer to permit the
appellants to complete their study of medicine and become trained doctors
to serve tb nation. But at the same time there is a compelling national
interest that dishonest people cannot be made to believe that "time heals B
everything' and the society would condone every misdeed if only they
can manage to get away with their wrong doing for a considerably long
period.
Society must receive some compensation from the wrongdoers.
Compensation need not be monetary and in the instant case it should not c
be. In my view, it would serve the larger public interests, by making the
appel la11ts serve the nation for a period of five years as and when they
become qualified doctors 30, without any regular salary and attendant
benefits of service under the State, nor any claim for absorption into the
service of the State subject of course to the payment of some allowance
(either in cash or kind) for their survival. I would prefer them serving D
the Indian Armed Forces subject to such conditions and disciplines to
which the armed forces normally subject their regular medical corps. r
would prefer that the appellants be handed over the certificates of their
medical degrees only after they complete the abovementioned five years.
The abovementioned exercise would require the ascertainment of the E
views ofMinistry of Defence, Government oflndia, and passing of further
appropriate orders by this Court thereafter. In view of the disagreement
of views in this regard, I am not proposing such an exercise.
Registry is directed to place the papers before Hon'ble the Chief
Justice oflndia for appropriate orders. F
ABHAY MANOHAR SAPRE, J. I. I have had the advantage
of going through the elaborate and well considered draft judgment
proposed to be pronounced by my learned Brother.
2. Having gone through the draft judgment, I agree with the
reasoning given by my learned Brother on all the issues except on one G
issue dealt with in paragraphs 39 to 55 relating to issuance of directions
to the respondents.
'" Community sen·ice as an alternative to the traditional punishment of imprisonment
for those found guilty of crime is gaining currency in some countries. It appears to me
to be more useful to the society. I do not sec any reason why such a concept cannot be
adopted in the context of situations like the one on hand. H
872 SUPREME COURT REPORTS [2016] 7 S.C.R.

A 3. In my view, keeping in view the nature of controversy and the
findings recorded by us on the main controversy which has resulted in
upholding of the impugned judgment, no case is made out for passing
any directions under Article 142 of the Constitution of India and hence
these appeals deserve to be dismissed.
B 4. However, having regard to the issues which were ably argued
by the learned counsel and in the light of my disagreement on one issue,
as mentioned above, with my learned Brother, I propose to write few
paragraphs of my own in support of my reasoning and the conclusion.
5. I need not set out the facts in detail since my learned Brother
c has succinctly mentioned them in his draft judgment.
6. Suffice it to say, the controversy involved in these appeals
centers around broadly to the following facts.
7. The appellants along with several other candidates appeared in
the PMT examinations held in the years 2008 to 2012 and 2013. So far
D as these appeals are concerned, they relate to examinations held in the
years 2008 to 2012. The State ofM.P. through Professional Examination
Board hereinafter called "Vyapam" had conducted these examinations
for getting admission in MBBS Degree Course in various Government/
Private Medical Colleges in State ofM.P.
E 8. The appellants cleared the PMT examination and got admissions
in MBBS Degree Course in various Government/Private Medical
Colleges in the State ofM.P. Some are prosecuting their studies in MBBS
Course and some claims to have completed their studies.
9. The Vyapam, however, cancelled the appellants' PMT
F Examination results by order dated 09. I0.2013 and various orders. The
reason for cancellation was that the detailed investigations were made
in conducting of the PMT examinations held in the years 2008 to 2013.
The outcome of the investigations, however, revealed that the appellants
and several other candidates resorted to unfair means in large scale by
adopting planned strategy in answering their question papers. It was
revealed that the appellants and other candidates in connivance with
Vyapam 's officials and some outsiders entered into a conspiracy and
conceived a plan as to how the appellants and their associates should sit
in the examination centre and accordingly sitting arrangements in
particu Jar examination centers with another candid ate (described in scam
H as "scorer") were made which facilitated the candidate (described in
NIDHI KAIM v. STATE OF MADHYA PRADESH 873
[ABHAY MANOHAR SAPRE, J.]

scam as "beneficiary") to copy from the candidate (scorer) sitting in A
frontofhim from his answer sheet. It was also revealed thatthe appellants
and conspirators were successful in their plan and the appellants secured
the requisite marks in the PMT examination which enabled them to get
admission in MBBS course at the cost of deserving candidates who
despite clearing the examination could not secure admissions in MBBS
B
Course in the respective years.
10. In support of their decision, the StateNyapam filed material
which was seized by the Special Task Force (STF) sleuths in the ongoing
investigati0n. The material seized consisted of(I) relevant files relating
to conduct of these examinations from Vyapam's office (2) statement of
persons recorded by STF sleuths involved in the scam such as Vyapam's
c
officials, candidates, their parents, outsiders who hatched the conspiracy
on receiving money consideration etc. (3) computers, hardware and
software used in programing the examinations- (4) benefits (cash or
otherwise) alleged to have been received by the persons involved in
the scam (5) copies of FIR and Charge sheets filed against several D
accused for commission of offences of fraud, cheating, conspiracy etc.
(6) Copies of bail orders (granting or/and refusing bail) passed in several
cases by various courts including the orders of the High Court passed
from time to time in PIL dealing with the scam (7) order of this Court
directing the CBI to take over the ongoing investigation of the Scam
from STF (8) Expe11 Committee's repo11s on scam etc. E

11. The appellants, felt aggrieved by the decision of cancellation
of their results, filed several writ petitions before the High Court ofM.P.
out of which these appeals arise. The challenge to the cancellation of
their result was on several factual and legal grounds as detailed infra.
F
12. The State and Vyapam supported the decision of cancellation
of the results and inter alia contended that it is based on Expert
Committee's reports, which has taken into account the aforementioned
material for coming to a conclusion that it was a case of "mass
copying".
G
13. The High Court upheld the stand taken by the State/Vyapam
and dismissed the writ petitions. The High Court by its reasoned judgment
held inter alia that Firstly, it was a case of "mass copying"; Secondly,
the material seized was sufficient for the Expert Committee for coming
to a conclusion that it was a case of "mass copying" found to have
H
874 SUPREME COURT REPORTS [2016] 7 S.C.R.

A been done at a large scale by the appellants and other candidates by
resorting to unfair means; Thirdly, the decision to cancel the appellants'
result is based on Expert Committee's report which has applied their
mind to all aspects of the case after taking into account all material
seized in investigation and, therefore, no fault could be found in such
decision of the Expert Committee; Fourthly, the decision has been taken
B
in larger public interest; and lastly, this being a case of "mass copying",
it was not necessary for the State/Vyapam to give any opportunity of
hearing to any candidate individually to show cause before cancellation
of their results as has been laid down by this Court consistently in several
decided cases referred to hereinbelow.
c 14. It is this issue, which is now carried by the unsuccessful
candidates (appellants) to this Court in these appeals.
15. The controversy in these appeals mainly centered around to
the following legal issues.

D 16. In the first place, submission of learned counsel for the
appellants was that the perusal of the materials relied on by the State/
Vyapam against the appellants (though disputed by the appellants) would
go to show that it does not make out a case of "mass copying" but at
best may make out a case of unfair means resorted to by few individual
candidates in answering their questions papers. It was, therefore, their
E submission that since these candidates, who resorted to unfair means,
were later identified, the State/Vyapam should have given show cause
notices to these candidates individually setting out therein the nature of
unfair means committed by each such candidate by following the rule of
natural justice, i.e., rule of (111</i (l/fer"m partem and after affording
F the erring candidates (appellants) an opportunity of hearing by supplying
the alleged material, an appropriate order should have been passed.
17. Second submission of learned counsel forthe appellants was
that there was no material on the basis of which the decision to cancel
the appellants' results could have been taken by the State/Vyapam. It
G was urged that in any event such material was neither sufficient and nor
relevant for cancellation of the results and, more so, since it was not
supplied to the appellants, the same was of no consequence.
18. Third submission of learned counsel for the appellants was
that the decision to cancel the results was not taken immediately after
the examinations were over but was taken after a considerable delay
H
NIDHI KAIM v. STATE OF MADHYA PRADESH 875
[ABHAY MANOHAR SAPRE, J.]

and since in the meantime, the appellants on the basis of the results A
altered their position and successfully completed their MBBS degree
course or are about to complete in near future, the cancellation of the
results done at such belated stage is not justified being inequitable and
unreasonable and hence deserve to be set aside. In the alternative, it
was urged that the appellants be allowed to prosecute their studies on
B
suitable terms as this Court may deem fit and proper to impose on the
appellants.
19. Fom1h submission of learned counsel for the appellants was
that since the constitution of Vyapam (Board) was not done in
accordance with the requirements of the M.P. Professional Examination
Board Act, 2007 (hereinafter referred to as "the Act") inasmuch as no
c
notification under Section 3 of the Act was issued till date, all actions so
far taken including cancellation of the resu Its by the Board are rendered
illegal because these actions/decisions were taken by the Board which
was not validly constituted.
20. The aforementioned submissions were elaborated by the D
learned counsel for the appellants with reference to the record of the
case and by placing reliance on various decisions of this Court.
21. In reply, learned counsel for the respondtlnts (State/Vyapam)
supported the reasoning and the conclusion of the High Court and prayed
for its upholding calling no interference therein. E

22. The questions, which arise for consideration in these appeals,
are, Firstly, whether it is a case of "mass copying"; Secondly, whether
the appellants were entitled to a show cause notice before cancellation
of their results; Thirdly, whether the appellants are entitled to claim any
equity in their favour on account of delay occurred on the part of the F
State/Vyapam in cancelling their result and, if so, what relief are they
entitled to claim; and lastly, whether the Vyapam Board was legally
constituted in accordance with the provisions of the Act and if not then
its effect on the controversy involved in these cases.
23. Before we examine the aforementioned questions, it is G
necessary to take note of the law laid down by this Court especially the
law dealing with the cases of"copying" and "mass copying".
24. The first leading case of this Court (Five- Judge Bench) on
the question of"copying" is Board of High School and Intermediate
Education U.P.,Allahabad Vs. Ghanshyam Das Gupta and Others, H
876 SUPREME COURT REPORTS [2016] 7 S.C.R.

A AIR 1962 SC 1110 = 1962 Supp (3) SCR 36. The facts of this case were
that 3 students of G.S. Hindu Intermediate College of Sikandrarao
appeared in Intermediate (Commerce) Examination in 1954. These 3
students passed the examination. In December 1954, their fathers/
guardians received information that the Examinations Committee had
cancelled their results and debarred them from appearing in examination
B
to be held in 1955.
25. These 3 students thereupon filed writ petition in the High Court
contending that the Examinations Committee had never afforded any
opportunity to them to rebut the allegations made against them and that
they were never informed about the nature of unfair means used by
c them in the examination.
26. The majority of Judges of the High Court, who heard the writ
petition, accepted the writ petitioners' contention and allowed the writ
petition. The Board, therefore, filed an appeal to this Court. This Court
affirmed the view taken by the High Court. Construing powers of the
D Examination Committee, in Rule I (I) of the Regulations, this Court held
that the Examination Committee was acting as quasi-judicially body while
exercising powers under Rule I (I) and, therefore, principles of natural
justice should have been observed. Justice Wanchoo speaking for the
Bench held as follows:
E "11. .... We are therefore of opinion that the Committee
when it exercises its powers under Rule 1(1) is acting quasi-
judicially and the principles of natural justice which require
that the other party, (namely, the examinee in this case)
must be heard, will apply to the proceedings before the
F Committee. This view was taken by the Calcutta High Court
in Dipa Pal v. University of Calcutta, AIR 1952 Cal 594 and
B.C. Das Gupta V. Bijoyranjan Rakshit, AIR 1953 Cal 212
in similar circumstances and is in our opinion correct."
27. The second leading case where this Court (Three-Judge
G Bench) examined the case of "copying" and how it should be dealt
with by the concerned authorities and the Court is Board ofHigh Sclloo/
and Intermediate Education, U.P., Alla/wb"d and Anr. vs
Bagles/1war Prasad and Anr., AIR 1966 SC 875=(]963) 3 SCR 767.
28. The facts of this case were that two candidates were found
copying in the examination. The charge of copying was based on the
H
NIDHI KAIM v. STATE OF MADHYA PRADESH 877
[ABHAY MANOHAR SAPRE, J.]

fact that one candidate had given wrong answer to one question precisely A
in the same form in which the said answers had been given by another
candidate. Both the candidates were accordingly given show cause notice
to explain the charge. Both denied the charge. The enquiry committee
was then constituted to probe the issue and the committee came to a
conclusion, after examining the whole issue, that it was a case of copying
B
and accordingly cancelled their results.
29. Both the candidates filed writ petition in Allahabad High Court.
The High Court allowed the writ petition and set aside the cancellation
order. It was held that the decision to cancel the result is not supported
by any evidence. The Board appealed to this Court. This Court allowed
the appeal, set aside the order of the High Court and while upholding the c
cancellation of the result dismissed the writ petition filed by the two
candidates.
30. Justice Gajendragadkar (as His Lordship then was) speaking
for the Three-Judge Bench in his distinctive style of writing held in Paras
11 and 12 as under:- D

"11. Before the High Court, a statement was flied showing
the seating arrangement in Room No. Hf wli.ere the
respondent was sitting for writing his answers. It appears
that he was No. 3 in the 3rd row, whereas the other candidate
with Roll No. 94733 was No. 4 in the second row. The High E
Court was very much impressed by the fact that the
respondent could not have looked back and copied from
the answer-book of the other candidate, and the High Court
did not think that there was any evidence to show that the
other candidate could have copied from the respondent's F
paper with his connivance. We have looked at the incorrect
answers ourselves and we are not prepared to hold that
the identical incorrect answers were given by the two
candidates either by accident or by coincidence. Some of
the incorrect answers, and, particularly, the manner in which
they have been given, clearly suggest that they were the G
result of either one candidate copying from the other, or
both candidates copying from a common source. The
significance of this fact has been completely missed by the
High Court. The question before the Enquiry Committee
had to be decided by it in the light of the nature of the H
878 SUPREME COURT REPORTS [20 l 6] 7 S.C.R.

A incorrect answers themselves, and that is what the Enquiry
Committee has done. It would, we think, be inappropriate
in such a case to require direct evidence to show that the
respondent could have looked back and copied from the
answer written by the other candidate who was sitting
behind him. There was still the alternative possibility that
B
the candidate sitting behind may have copied from the
respondent with his connivance. It is also not unlikely that
the two candidates may have talked to each other. The
atmosphere prevailing in the Examination Hall does not
rule out this possibility. These are all matters which the
c Enquiry Committee had to consider,.and the fact that the
Enquiry Committee did not write an elaborate report, does
not mean that it did not consider all the relevant facts before
it came to the conclusion that the respondent had used
unfair means.
D 12. In dealing with petitions of this type, it is necessary to
bear in mind that educational institutions like the
Universities or Appellant 1 set up Enquiry Committees to
deal with the problem posed by the adoption of unfair means
by candidates, and normally it is within the jurisdiction of
such domestic Tribunals to decide all relevant questions in
E the light of the evidence adduced before them. In the matter
of the adoption of unfair means, direct evidence may
sometimes be available, but cases may arise where direct
evidence is not available and the question will have to be
considered in the light of probabilities and circumstantial
F evidence. This problem which educational institutions have
to face from time to time is a serious problem and unless
there is justification to do so, courts should be slow to
interfere with the decisions of domestic Tribunals appointed
by educational bodies like the Universities. In dealing with
the validity of the impugned orders passed by Universities
G under Article 226, the High Court is not sitting in appeal
over the decision in question; its jurisdiction is limited and
though it is true that if the impugned order is not supported
by any evidence at all, the High Court would be justified to
quash that order. But the conclusion that the impugned
H order is not supported by any evidence must be reached
NIDHI KAIM v. STATE OF MADHYA PRADESH 879
[ABHAY MANOHAR SAPRE, J.]

after considering the question as to whether probabilities A
and circumstantial evidence do not justify the said
conclusion. Enquiries held by domestic Tribunals in such
cases must, no doubt, be fair and students against whom
charges are framed must be given adequate opportunities
to defend themselves, and in holding such enquiries, the
B
Tribunals must scrupulously follow rules of natural justice;
but it would, we think, not be reasonable to import into
these enquiries all considerations which govern criminal
trials in ordinary courts oflaw. In the present case, no animus
is suggested and no nw/a fides have been pleaded. The
enquiry has been fair and the respondent has had an c
opportunity of making his defence. That being so, we think
the High Court was not justified interfering with the order
passed against the respondent."
31. In the third leading case of Bilwr School Ex(/mi11(lfio11 Bo(lrd
vs Subltas Clwmlra Sinha & Ors. (1970) (}) SCC 648, this Court D
(Three-Judge Bench) examined the question of "mass copying" or 1
may say "unfair means practiced on a large scale in examination" and
how the concerned authorities and the courts qua the candidates should
deal with such case.
32. The facts of this case were that the Bihar School Examination E
Board (for short "Board") conducted annual Secondary School
Examination in the State ofBihar. Several candidates appeared at various
centres all over the State. 36 students of two schools namely, S.S.H.E
School Jagdishpur and H.E. School Malaur of District Shahbad (Bihar)
appeared in the examination at Hanswadih Centre. The results of all the
candidates were declared in papers except the results of the 36 candidates F
of the two schools who had appeared in the examination from Hanswadih
Centre. After sometime, news was published in the paper that the
examinations of all subjects held at Hanswadih Centre were cancelled
and the reason given for cancellation was that the candidates at this
Centre practiced unfair means on a large scale. However, the candidates G
of this Centre were allowed to appear in the supplementary Secondary
School Examination.
33. The candidates challenged the order of cancellation of their
results in writ petition in the High Court of Patna on the ground that
before cancelling the result, the rules of natural justice and fair-play H
880 SUPREME COURT REPORTS [2016] 7 S.C.R.

A were not observed because the candidates were not afforded any
opportunity of hearing before cancellation of their results.
34. The High Court accepted the submission and allowed the writ
petition by quashing the order of cancellation of their results. Against the
decision of the High Court of Patna, the Board appealed to this Court.
B This Court ordered production of answer books for their inspection and
compared them. The comparison showed remarkable agreement in the
answers that students had assistance from an outside source. Th is Court
allowed the Board's appeal, set aside the order of the High Court and
dismissed the writ petition filed by the candidates and upheld the
cancellation of the results.
c
35. Justice Hidayatulla-the learned Chief Justice speaking for the
Three-Judge Bench in his inimitable style of writing distinguished the
case of Ghanshyamdas Gupta (supra) and held in paras 13 and 14 as
under:-

D "13. This is not a case of any particular individual who is
being charged with adoption of unfair means but of the
conduct of all the examinees or at least a vast majority of
them at a particular centre. Ifit is not a question of charging
any one individually with unfair means but to condemn the
examination as ineffective for the purpose it was held. Must
E the Board give an opportunity to all the candidates to
represent their cases? We think not. It was not necessary
for the Board to give an opportunity to the candidates if
the examinations as a whole were being cancelled. The
Board had not charged any one with unfair means so that
F he could claim to defend himself. The examination was
vitiated by adoption of unfair means on a mass scale. In
these circumstances it would be wrong to insist that the
Board must hold a detailed inquiry into the matter and
examine each individual case to satisfy itself which of the
candidates had not adopted unfair means. The examination
G as a whole had to go.
14. Reliance was placed upon G/umsltyam Das Gupta case
to which we referred earlier. There the examination results
of three candidates were cancelled, and this Court held that
they should have received an opportunity of explaining their
H conduct. It was said that even if the inquiry involved a large
NIDHI KAIM v. STATE OF MADHYA PRADESH 881
[ABHAY MANOHAR SAPRE, J.]

number of persons, the Committee should frame proper A
regulations for the conduct of such inquiries but not deny
the opportunity. We do not think that that case has any
application. Surely it was not intended that where the
examination as a whole was vitiated, say by leakage of
papers or by destruction of some of the answer books or
B
by discovery of unfair means practised on a vast scale that
an inquiry would be made giving a chance to every one
appearing at that examination to have his say? What the
Court intended to lay down was that if any particular person
was to be proceeded against, he must have a proper chance
to defend himself and this did not obviate the necessity of c
giving an opportunity even though the number of persons
proceeded against was large. The Court was then not
considering the right of an examining body to cancel its
own examination when it was satisfied that the examination
was not properly conducted or that in the conduct of the
D
examination the majority of the examinees had not
conducted themselves as they should have. To make such
decisions depend upon a full-fledged judicial inquiry would
hold up the functioning of such autonomous bodies as
Universities and School Board. While we do not wish to
whittle down the requirements of natural justice and fair- E
play in cases where such requirement may be said to arise,
we do not want that this Court should be understood as
having stated that an inquiry with a right to representation
must always precede in every case, however different. The
universities are responsible for their standards and the
F
conduct of examinations. The essence of the examinations
is that the worth of every person is appraised without any
assistance from an outside source. If at a centre the whole
body of students receive assistance and are managed to
secure success in the neighbourhood of 100% when others
at other centres are successful only at an average of 50%, G
it is obvious that the University or the Board must do
something in the matter. It cannot hold a detailed quasi-
judicial inquiry with a right to its alumni to plead and lead
evidence etc., before the results are withheld or the
examinations cancelled. If there is sufficient material on
H
882 SUPREME COURT REPORTS [2016] 7 S.C.R.

A which it can be demonstrated that the university was right
in its conclusion that the examinations ought to be cancelled
then academic standards require that the university's
appreciation of the problem must be respected. It would
not do for the Court to say that you should have examined'
all the candidates or even their representatives with a view
B
to ascertaining whether they had received assistance or
not. To do this would encourage indiscipline if not also
perjury."
36. In the fourth leading case of Prem Parkash Kaluniya Vs.
Punjab University and Ors., (1973) 3 SCC ./2./, which involved
c identical facts alike the facts ofthe case ofBagleshwar Prasad (supra)
involving two students whose results were cancelled on the ground of
using unfair means of copying in the examination, this Court (Three-
Judge Bench) relied on facts and law laid down in Bagleshwar Prasad
(supra) and upheld the cancellation of the results.
D 3 7. Justice Grover speaking for the Bench held in paras 11 and 12
as under:-
"11. A good deal of emphasis had been laid on the answers
which were given by the two candidates and our attention
had been invited to the discrepancies between the details
E of the answers contained in the two answer books. It was
further pointed out that the appellant had made rough
calculations at the back of the answer book which showed
that he had worked out the answer on his own without the
aid of any other source which could be regarded as common
F from which the other candidate was alleged to have copied.
These, however, are matters on which the court cannot
entertain a petition under Article 226. It was for the Standing
Committee to al'l'ive at its own conclusion 011 the evidence
before it and the same cannot be re-examined except on
very limited grounds which have not been established. We
G are also unable to see how the finding of the Standing
Committee could be regarded as vague or as having been
based on no evidence.
12. In Board of Higlt Sc/tool and Intermediate Education,
U.P. v. Baglesltwar Prasad in which the facts were very
H similar, it was held that the identity of the wrong answers
NIDHI KAIM v. STATE OF MADHYA PRADESH 883
[ABHAY MANOHAR SAPRE, J.]

given by the respondent in that case with that of the other A
candidate bearing the consecutive Roll Number rendered
the charge of the respondent having employed unfair means
highly probable and that the findings of the enquiry
committee based upon such probabilities and circumstantial
evidence could not be said to be based on no evidence as
B
in r-uch matters direct evidence quite often cannot be
available. It was further pointed out that in dealing with
these cases the problem faced by such institutions should
be appreciated by the High Court and so long as the enquiry
held was fair and afforded the candidate an opportunity to
defend himself, the matter should not be examined with c
the same strictness as applicable to criminal charges in the
ordinary courts of law. There is hardly any justification for
saying in the present case that the finding of the Standing
Committee was based on no evidence."
38. In the fifth case of B. Ramanjini & Ors. vs. State of A.P. D
& Ors. (2002) 5 SCC 533, the facts of the case were that the State
authorities had cancelled the examination held for selecting secondary
school teachers after noticing certain complaints of "mass copying"
found to have been done by the candidates in the examination in respect
of Anantapur District.
E
39. Justice Rajendra Babu (as His Lordship then was) speaking
for the Bench took note of the law laid down in the case of Bi/tar
Sc/tool Exami11ati<>11 (supra) and while upholding the decision of
cancellation of the result of the candidates held as under:
"8. Further, even if it was not a case of mass copying or F
leakage of question papers or such other circumstance, it
is clear that in the conduct of the examination, a fair
procedure has to be adopted. Fair procedure would mean
that the candidates taking part in the examination must be
capable of competing with each other by fair means. One
cannot have an advantage either by copying or by having a G
foreknowledge of the question paper or otherwise. In such
matters wide latitude should be shown to the Government
and the courts should not unduly interfere with the action
taken by the Government which is in possession of the
necessary information and takes action upon the same. The H
884 SUPREME COURT REPORTS [2016] 7 S.C.R.

A courts ought not to take the action lightly and interfere
with the same particularly when there was some material
for the Government to act one way or the othet~ Further, in
this case, the first examinations were held on 19-4-1998.
The same stood cancelled by the order made on 15-5-1998•
.Fresh examinations were held on 11-7-1998 and results have
B
been published on 29-7-1998. Interviews were however
held on 29-7-1998 (sic 27-8-1998) in such cases. The events
have taken place in quick succession. The parties have
a1>proached the court after further examinations were held
and after having participated in the second examination. It
c is clear that such persons would not be entitled to get relief
at the hands of the court. Even if they had not participated
in the second examination, they need not have waited till
the results had been announced and then approached the
Tribunal or the High Court. In such cases, it would lead to
very serious anomalous results involving great public
D
inconvenience in holding fresh examinations for a large
number of candidates and in Anantapur district alone nearly
1800 candidates were selected as a result of the
examinations held for the second time. Therefore, we think,
the High Court ought not to have interfered with the order
E made by the Government on 15-5-1998 in cancelling the
examinations and holding fresh examination."
40. Jn the sixth case of Union Public Service Commission vs.
Ja_gannath Mishra, (2003) 9 SCC 237, the facts were identical to the
facts of the cases ofBagleshwar Prasad and Prem Prakash Kalunia
F (supra). In this case also two candidates sitting in close proximity in
examination centre copied from each other. The committee examined
their answer papers and found that answers were matching with each
other. Their results were accordingly cancelled which led to filing of
petition first before the Tribunal and then to the High Couit successfully.
However, when the matter came to this Cou1t at the instance of UPSC,
G this Comt placed reliance on the law laid down in Ba2leshwar Prasad
and Prem Prakash Kalunia (supra) and while allowing the UPSC's
appeal, set aside the orders of the Tribunal and the High Court and
upheld the decision of cancellation of the result. It is apposite to reproduce
what is held by this Court in para 4 as under:
1-1
NIDHI KAIM v. STATE OF MADHYA PRADESH 885
[ABHAY MANOHAR SAPRE, J.]

"4. Before we answer the questions posed, to have our A
conscience clear, we had called upon UPSC to produce the
answer papers of both the candidates. We have carefully
scrutinised the answer papers of both the candidates and
on a thorough scrutiny of the same, we have no doubt in
our mind that but for assistance and/or connivance of the
B
respondent it would not have been possible for the other
candidate to answer in the manner in which he has
answered. As has been stated by this Court in the case of
Prem Parkasli Kaluniya v. Punj"b University in a matter like
this it would be difficult to get direct evidence and so long
as an inquiry is held to be fair and it affords the candidate c
adequate opportunity to defend himself, the matter should
not ordinarily be examined by courts with the same
strictness as applicable to criminal charges. The Court had
further held that where findings are based on probabilities
and circumstantial evidence, such findings cannot be said
D
to have been based on no evidence. From the facts alleged,
it is crystal clear that the respondent was a brilliant student.
But, if a brilliant student is found to have adopted any unfair
means in a competitive examination, he will have to bear
the consequences of the same. Since we ourselves have
examined the two answer papers in question and have come E
to the conclusion that but for the assistance or connivance
of the respondent in some way or the other, it would not
have been possible for the other candidate to answer his
question paper in the manner in which he has answered,
who was sitting just behind the respondent, we see no
justification for the Tribunal to interfere with the conclusion
F
of UPSC. The judgment of this Court on which the Tribunal
as well as the High Court has placed reliance will have no
application to the case in hand. In that view of the matter,
we are of the considered opinion that the Tribunal
committed serious error in interfering with the conclusion G
of UPSC and in interfering with the punishment awarded
by it. The High Court also committed error in affirming the
said decision of the Tribunal. It is true that there has been
no report from the invigilator indicating any malpractice by
the respondent or the person who was sitting behind him.
H
886 SUPREME COURT REPORTS [2016] 7 S.C.R.

A But, mere absence of such report would not be sufficient
to exonerate the delinquency, if otherwise a conclusion
could be arrived at that but for the assistance of the
respondent the candidate sitting behind him could not have
copied in tile manner he has done. The Tribunal as well as
the High Court committed serious error by giving extra
B
weightage for the absence of any report from the invigilator.
It cannot be held as a principle that wherever there is no
report from the invigilator indicating adoption of malpractice
in any examination the appropriate authority cannot come
to the conclusion about the adoption of malpractice. It would
c always be a case depending upon the materials produced
and there would be no bar for an expert body to come to a
definite conclusion about adoption of malpractice in an
examination even in the absence ofa report of the invigilator
to that effect. It would always be a question of fact to be
decided on the basis of materials produced before the expert
D
body."
41. In the seventh leading case decided by (Three-Judge Bench)
in Chief General Manager, Calcutta Telephones District, Bharat
Sanchar Nigam Ltd. & Ors. Vs. Surendra Nath Pandey & Ors.,
2011 (15) SCC 81, the facts of the case were that B.S.N.L. a Government
E Company conducted departmental examination for granting promotion
to the post of Junior Accounts Officers to their employees. The results
were displayed containing the names of successful and unsuccessful
candidates. Some unsuccessful candidates then made a representation
as required under Rule 13 ofTelegraph Manual requesting for disclosure
F of their marks obtained by them in the examination. This request was
not acceded to and hence these candidates filed 0.A. before CAT. The
CAT directed BSNL to publish the results, allow the candidates to appear
in the examination next year and pass appropriate orders on their
representation. The authorities concerned disposed of the representation
stating that some irregular practices were noticed in the examination
G attributable to the candidates who resorted to unfair means and hence
their results were cancelled.
42. The candidates filed writ petitions against this order in Calcutta
High Court. The learned single Judge allowed the writ petition and held
that B.S.N.L could not prove that it was a case of "mass copying"
H attributable to candidates. The appeal filed by B.S.N.L having been
NIDHI KAIM v. STATE OF MADHYA PRADESH 887
[ABHAY MANOl-IAR SAPRE, J.)

dismissed by the Division Bench, the matter came to this Court at the A
instance ofB.S.N.L. This Court allowed the appeal, set aside the orders
of High Court and dismissed the candidates' writ petition.
43. Referring to and placing reliance on all the aforementioned
cases referred to above, Jµstice Nijjar speaking for the Bench held in
paras 28 ancl 33 as under:- B
"28. We are of the considered opinion that the procedure
adopted by the appellants cannot be said to be unfair or
arbitrary. It was a reasonable and fair procedure adopted in
the peculiar circumstances of the case. It cannot be said to
be in breach of rules of natural justice. It must be c
remembered that rules of natural justice are not embodied
rules. They cannot be put in a straitjacket. The purpose of
rules of natural justice is to ensure that the order causing
civil consequences is not passed arbitrarily. It is not that in
every case there must be an opportunity of oral hearing.
D
33. As noticed earlier, in the pa·esent case, the appellants
had adopted a very reasonable and a fair approach. A bona
fide enquiry into the fact situation was conducted by a
committee of high-ranking officers of the Department. In
our opinion, the High Court was wholly unjustified in
interfering with the decision taken by the appellants in the E
peculiar circumstances of the case. It is settled beyond cavil
that the decisions taken by the competent authority could
be corrected provided it is established that the decision is
so perverse that no sensible person, who had applied his
mind to the question to be decided could have arrived at it. F
The aforesaid principle is based on the ground of irrationality
and is known as the Wednesbury principle. The court can
interfere with a decision, if it is so absurd that no reasonable
authority could have taken such a decision. In our opinion,
the procedure adopted by the appellants cannot be said to
be suffering from any such irrationality or G
unreasonableness, which would have enabled the High
Court to interfere with the decision."
44. After examining the facts and the law laid down in
abovementioned seven cases, in my opinion, the ratio laid down in these
cases can be summarized thus: First, in a case where several candidates 1-1
888 SUPREME COURT REPORTS [2016) 7 S.C.R.

A are found involved in "mass copying" or in other words, where vast
majority of candidates were found to have resorted to use of unfair
means in any examination then it is not necessary for the concerned
Institute to give any show cause notice to any individual candidate before
cancellation of his result; Second, when it is difficult to prove by direct
evidence that the "copying" was done by the candidates then the same
8
can be proved by drawing inference based on probabilities and
circumstantial evidence; Third, there are several ways in which unfair
means can be reso1ted to by the candidates for doing copying individually
or in the large scale by vast majority of candidates; Fourth, where few
candidates are found involved in doing copying then it is necessary to
c give to individual candidate a show cause notice by following rules of
naturaljustice before taking any action against him; Fifth, there must be
some material (whether direct or based on probabilities and
circumstances) to prove that a candidate resorted to unfair means for
doing copying in answering his question paper; Sixth, if there is adequate
material to prove that the copying was done by individual candidate or
D
by the candidates on a large scale then even if no report was submitted
by any invigilator of any such incident yet it would be of no significance;
Seventh, the Court should not act as an appellate Court over the decision
of Expe1t Committee to examine the issue of "copying" or/and "mass
copying", i.e., copying done on a large scale by vast majority of candidates
E and more so when the Expe1t Committee has found the candidate guilty
of resorting to unfair means; Eighth, the Co Ult should be slow to interfere
in the decision taken by the Expert Committee in such cases; Ninth, if
wrong answers of two candidates sitting in close proximity tallies with
each other then it would be a strong circumstance of copying done by
these two candidates; Tenth, this Court has consistently maintained a
F
distinction between a case of "copying" and "mass copyini;.:'', i.e.
copying done on a large scale by vast majority of candidates for applying
the rules of natural justice to the case. In the case of former, rules of
natural justice would be applicable and hence show cause notice to
individual candidate who is accused of doing copying will have to be
G given to such candidate whereas in the case of later, the rules of natural
justice are not applicable and hence it is not necessary to give any show
cause notice to any candidate involved in mass copying; and Eleventh,
the use of unfair means by any candidate is a serious matter because it
affects the credibility of the examination and, therefore, once such charge
is held proved against any such candidate, the matter needs to be dealt
H
NIDHI KAIM v. STATE OF MADHYA PRADESH 889
[ABHAY MANOHAR SAPRE, J.]

with sternly in relation to erring candidates. A
45. When I examine the facts of the case at hand in the light of
ratio laid down in the aforementioned cases, then 1 find that the facts of
the case at hand are identical partly to the facts of the case of Billllr
Sclloo/ Examination Board (supra) and partly to the facts of
Bagleshwar Pras(lc/ am/ Prem Pr"kash (supra). This I say for the B
following reasons.
46. First, this is a case where large number of candidates (more
than two hundred) in the examinations held from 2008 to 2012 were
found involved in copying like what was noticed in the case of Billllr
School Examin"tion (supra) where 36 candidates were found involved c
in copying. Second, there was uniform pattern adopted by the candidates
for doing copy in the examinations. This circumstance lends support to
the fact that "mass copying" was done by the candidates in a planned
manner; Third, candidates who managed to sit in pair in close proximity
(described as "scorer" and "beneficiary"), their wrong answers
consistently matched with each other. This circumstance was relied on D
in the cases of Bagleshwar Prasad and Prem Prakash Kalunia
(supra) for forming an opinion that both the candidates copied from each
other; Fourth, the material seized in investigation primafacie established
that "mass copying" was done in a planned manner by the several
candidates (appellants herein) to enable them to answer the questions; E
Fifth, interpolations were found in sitting plan originally made by Vyapam
for some years to accommodate the candidates (appellants) and others
like the appellants to sit in a particular examination center in close
proximity with each other so that they are able to copy from each other;
Sixth, many candidates despite clearing the examination did not take
admission in any medical college. There was no satisfactory answer F
given by them barring very few; Seventh, material seized in investigation
was found sufficient by the Expert Committee to form an opinion that it
was a case of "mass copying". In addition it was also established on
probabilities and circumstantial evidence that the candidates in large scale
which included the appellants did mass copying; Eighth, the Expert G
Committee examined the issues from all angles and analyzed the material
seized for coming to a conclusion that it was a case of"mass copying"
done by the candidates in large scale as a part of a planned strategy and
that they used unfair means; Ninth, allegations of malafides were not
alleged in the writ petitions by any candidate against any member of
H
890 SUPREME COURT REPORTS [2016] 7 S.C.R.

A Expert Committee or/and officials of the State/Vyapam; Tenth, the writ
court rightly did not act as an appellate court to reverse the decision of
Expert Committee; Eleventh, the formula evolved by the Expert
Committee was usually applied in such type of cases by various
institutions and no perversity or/and arbitrariness was shown by the
appellants in the formula except to contend that it was not a proper
])
formula; and lastly, the expression "mass copying" not being defined
in any Act/Regulation/Rules, its meaning in ordinary parlance can be
summed up as "sizable or large number of candidates found copying
or discovered to have copied while answering their question paper
by using unfair means in examination". In my view, this fully applies
c to the facts of the case at hand.
4 7. I am not impressed by the submissions of learned counsel for
the appellants when they made attempt to find fault in the material relied
on by the State/Vypaym against the appellants and contended that it is
not a material at all, and in any event, it is irrelevant and hence can not
D be looked into for any purpose. It was also urged that since it was not
supplied to the appellants and hence it is of no use.
48. As held above, Firstly, neither the writ court and nor this Court
could sit as an appellate Court over the decision of the Expert Committee
and find fault in the material relied on by the Committee; Secondly, the
E method evolved by the experts was usually applied to find out as to
whether two candidates had copied from each other and hence no fault
could be noticed in it; Thirdly, the decision to cancel the results was
based on other contemporaneous material seized during the investigation
by STF; Fourthly, the decision to cancel the results was not taken in
post-haste but was taken with full application of mind by the Expert
F Committee which consists of experts in subjects and lastly, this being a
case of "mass copying", it was neither necessary to give any show
cause notice to the appellants and nor necessary to supply the material
to the appellants. It is for these reasons, I find no merit in this submission.
49. Though an attempt was made by learned counsel for the
G appellants to distinguish the cases cited above but I am unable to notice
any significant distinction. This Court, therefore, has to apply the law
laid down in these cases for deciding the case at hand. It is all the more
because the learned counsel for the appellants did not challenge and in
my view rightly, the correctness of the view taken in any of these
H decisions.
NIDHI KAIM v. STATE OF MADHYA PRADESH 891
[ABHAY MANOHAR SAPRE, J.]

50. ln the light of detailed discussion and the reasoning given supra, A
lam of the considered opinion that it is a clear case of what is called in
ordinary parlance a "mass copying" and I have no hesitation in holding
so. l am also of the opinion that the procedure adopted by the State/
Vyapam cannot be said to be unfair or arbitrary. 1 am also of the view
that the action impugned is not in breach ofrules ofnaturaljustice which
8
has no application to the facts of this case as held in the cases ofBihar
School Examination and BSNL (supra). It is a settled principle that
rules of natural justice are not embodied rules and hence such rules
cannot be put in a strait-jacket. The object of the rules of natural justice,
is only to ensure that order causing civil consequences should not be
passed arbitrarily. It is not that in every case, there must be an opportunity c
of oral hearing to person concerned. This principle, in my view, applies
to the case at hand.
51. This takes me to the next submission of learned counsel for
the appellants, namely, that since there was inordinate delay in taking
the decision to cancel the examination and in the meantime the appellants D
·have altered their position by completing their degree course, or are
about to complete the Course in near future and hence this Court should
protect the appellants' interest on equitable considerations. I do not agree.
52. The issue of somewhat similar nature was examined by this
Court in the case of Ram Preeti Yadav vs. U.P. Board of High E
School and Intermediate Education and Ors., (2003) 8 SCC 311.
In th is case, the facts were that in the year 1984, Mr. Mahendra Pratap
Yadav (respondent No.3 therein) appeared as private candidate in
intermediate examination conducted by U.P.Board of High School and
Intermediate Education. Mr. Yadav's result was withheld as a suspected
case of using unfair means in the examination. He was, however, issued F
two provisional mark sheets. In one mark sheet, it was mentioned that
his result is withheld (WB) whereas in other it was not. Mr. Yadav on
the basis of provisional marks-sheet which did not mention withholding
of his result took admission in B.A. and cleared the examination. He
also thereafter cleared M.A. examination. He was then selected as a G
teacher. In the year 1993, an inquiry was made pursuant to which he
was informed in 1996 that his intermediate examination result, which
was held in the year 1984, is cancelled.
53. Challenging the cancellation of his result, Mr. Yadav filed writ
petition in the High Court at Allahabad on three grounds: Firstly, he was H
892 SUPREME COURT REPORTS [2016] 7 S.C.R.

A not afforded any opportunity ofhearing before his result was cancelled;
Secondly, the cancellation of the result was done after almost 10 years
and hence it is wholly arbitrary; and Thirdly, since in the meantime, he
cleared BA 'and MA Examinations with good percentage and secured
employment as a teacher, the cancellation of his intermediate examination
result is bad in law.
B
54. A learned Single Judge of the High Comi was of the view that
since Mr. Yadav has successfully cleared BA and MA Examinations
and has also secure(! employment due to his brilliant performance in BA
and MA Examinations, why should his career be ruined. It was on these
grounds, his writ petition was allowed and cancellation of his result was
c set aside. The appeal filed by the Board and the institute against the
order of Single Judge was dismissed and hence the Board carried the
matter in appeal to this Court.
55. This Court allowed the appeal and while rejecting the
aforementioned three grounds of challenge, set aside the order of the
D High Collli and dismissed the writ petition. This Court while rejecting
the submissions placed reliance on earlier decision of this Court rendered
in Madhyamic Shiksha Manda! M.P. vs. Abhilash Shiksha Prasar
Samiti & Ors., ( 1998) 9 SCC 236 and quoted para 2 of Madhyamic
Shiksha Mondal's case (supra) in suppo11 of their reasoning which
E reads as under:-
"2. We feel a little distressed that in matter like this the
High Court should have interfered with the decision taken
by the Board ........................... In the face of this material,
we do not sec any justification in the High Court having
F interfered with the decision taken by the Board to treat
the examination as cancelled. It is unfortunate that the
student community resorts to such methods to succeed in
examinations and then some of them come forward to
contend that innocent students become victims of such
misbehaviour of their companions. That cannot be helped.
G In such a situation the Board is left with no alternative but
to cancel the examination. It is extremely difficult for the
Board to identify the innocent students from those indulging
in malpractices. One may feel sorry for the innocent
students but one has to appreciate the situation in which
the Board was placed and the alternatives that were available
H
NIDHI KAIM v. STATE OF MADHYA PRADESH 893
[ABHAY MANOHAR SAPRE, J.]

to it so far as this examination was concerned. It had no A
alternative but to cancel the results and we think, in the
circumstances, they were justified in doing so. This should
serve as a lesson to the students that such malpractices
will not help them succeed in the examination and they may
have to go through the drill once again. We also think that
B
those in charge of the examinations should also take action
against their Supervisors/Invigilators, etc., who either
permit such activity or become silent spectators thereto.
If they feel insecure because of the strong-arm tactics of
those who indulge in malpractices, the remedy is to secure
the services of the Uniformed Personnel, if need be, and c
ensure that students do not indulge in such malpractices."
56. This Court then equated the incident of this nature with fraud
played by the candidate and held in Paras 13, 14 and 26 of Ram Preeti
Yadav's case which read as under:
"13. Fraud is a conduct either by letter or words, which D
induces the other person or authority to take a definite
determinative stand as a response to the conduct of the
former either by words or letter. Although negligence is
not fraud but it can be evidence on fraud. (See Derry v.
Peek, (1889) 14 AC 337)
E
14. In Luwr11s Estates Ltd. v. Beal'fey, (1956) 1 All ER 341,
the Court of Appeal stated the law thus: (All ER p. 345
C-D)
"I cannot accede to this argument for a moment. No court
in this land will allow a person to keep an advantage
F
which he has obtained by fraud. No judgment of a court,
no order of a minister, can be allowed to stand if it has
been obtained by fraud. Fraud unravels everything. The
court is careful not to find fraud unless it is distinctly
pleaded and proved; but once it is proved it vitiates
judgments, contracts and all transactions whatsoever;" G
26. Further, we find that there is no equity in favour of
Respondent 3, inasmuch as he knew that his result had
been withheld because of the allegation of having used unfair
means in the examination. Suppressing this fact, he took
admission in BA and studied further." H
894 SUPREME COURT REPORTS [2016) 7 S.C.R.

A 57. Applying the aforesaid law to the facts of the case at hand, I
find that the appellants are not entitled to claim any equitable relief on
the ground that they have almost completed their course during the
interregnum period and hence no action on the basis of their PMT
Examination results is called for.
B 58. In my view, when in the case of Ram Preeti Yaclav (supra},
the decision to cancel the result was taken after 10 years of the
examination in which he had appeared and in the meantime, he had also
completed his higher studies and secured an employment yet this Court
was not impressed by such submission and rejected it in express terms.
So is the case here where delay in cancellation of the result is less as
c compared to the case of Mr. Yadav. That apart, the case at hand prima
facie established a case of"mass copying" attributable to the appellants
who resorted to unfair means in a planned way in the PMT examination
and lastly, when any action is done discretely, it takes times to discover.
59. Learned counsel for the appellants placed reliance upon the
D decision in Priya Gupta Vs. State of Chhattisgarh and ors., (2012) 7
SCC 433 and contended that this Court should invoke its extra- ordinary
jurisdiction under Article 142 of the Constitution as was exercised in the
case of Priya Gupta for granting relief to the appellants on equitable
terms and conditions and allow the appellants to continue their study in
E MBBS Degree course. 1 cannot accept this submission for more than
one reason.
60. First, the facts of the case at hand and the facts of the case of
Priya Gupta (supra) are not similar because in the case of Priya Gupta,
the right of only one candidate was involved whereas in the case at hand
F large number of candidates are involved. Second, when this Court invokes
its extra-ordinary jurisdiction under Article 142 of the Constitution which
is indeed rare and should indeed be rare for its invocation, it is always
confined to the particular facts of that case and cannot be cited as a law
laid down by this Court. Third, when in similar type of cases, this Court
did not grant any equitable relief to the erring candidates except pen11itted
G the candidates to appear in the supplementary examination (see Para 2
of Bi/wr Sc/tool Examination case (supra) at page 649 of the report
where this Court upheld such direction while allowing the appeal
filed by Board), then in my view, the same principle should apply to this
case also. Fou11h, once the cancellation of the Examination results is
H upheld as beingjust, legal and proper, then its natural consequence must
NIDHI KAIM v. STATE OF MADHYA PRADESH 895
[ABHAY MANOHAR SAPRE, J.]

ensue. In other words, once the examination is cancelled irrespective of A
ground on which it is cancelled then candidates whose results are
cancelled have to repeat the examination whenever it is held. They can
not take any benefit of such examination like those candidates who
successfully passed the examination with their merit. Fifth, having regard
to the nature of the controversy involved in the case coupled with the
B
complicity of several persons in the Scam and the manner in which the
appellants cleared the examination which gave rise to initiation of criminal
proceedings (though pending) against the appellants and several others,
the exercise of extraordinary equitable jurisdiction under A11icle 226 for
grant of equitable relief of any nature to the appellants is not called for
and if granted, it will be against the settled legal position laid down by c
this Court. Since no equitable relief under Article 226 is called for, as a
corollary, the question of invoking our extraordinary powers under Article
142 does not appear to be proper. In any case, in the 1ight of the finding
recorded by this Court against the appellants which has resulted in
upholding of the impugned order of the High Cowi, this is not a fit case
D
for invocation of extraordinary equitable jurisdiction available under Article
142. Sixth, grant of any equitable relief may be construed as awarding
premium to the appellants of what they did. It would demoralize the
meritorious students who could not secure the admission on their merit
due to the appellants' entry in the Colleges by illegal means. Seventh,
this is not a case where the appellants' results were cancelled on some E
technical ground and that too attributable to the State. In other words, if
the cancellation had been done on a cause not attributable to the appellants
then perhaps this Court would have considered grant of appropriate prayer
to the appellants. However, such is not the case here. Eighth, grant of
any equitable relief, as prayed by the appellants, once they are held
responsible for cancellation of their results would affect the creditability
F
in conducting the examination and cause more harm to the candidates
as a whole and especially those who prepare for their examination
sincerely and on their merit. In my view it will not be, therefore, in
larger public good in long run to entertain any such prayer. Ninth, since
the appellants, are in their youth, they can still appear in the examination G
and clear it with distinction by proving their merit. And lastly, grant of
any such relief to the appellants may amount to some extent travelling
beyond the real controversy and may be considered inconsistent with
the main findings rendered by this Court.
61. In these circumstances, the State may consider permitting the H
896 SUPREME COURT REPORTS [2016] 7 S.C.R.

A 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.
Such liberty, if granted, would not cause any prejudice to any one and at
the same time would do substantial justice to all such candidates as was
done in the case ofllihar School Examination (supra). Beyond this, in
8
my view, the appellants are not entitled to claim any indulgence.
62. Learned counsel for the appellants cited several cases, such
as Union of India & Anr. Vs. Tulsiram Patel, ( 1985) 3 SCC 398, Dr.
Dinesh Knmar & Ors. vs. Motilal Nehrn Medical College,
Allahabad & Ors., ( 1985) 3 SCC 542, State of Maharashtra & Ors.
c vs. Jalgaon Municipal Council & Ors., (2003) 9 SCC 731 and Situ
Sahu & Ors. vs. State of Jharkhand & Ors., (2004) 8 SCC 340 etc.
in support of their submissions. Perusal of these decisions would show
that this Court in these decisions has explained the general principle of
rules of natural justice and how this principle is applicable to a particular
D case.
63. This Court has laid down in these cases that the applicability
of rules of natural justice is not static but it has different facets and,
therefore, its applicability vary from case to case. I find that none of
these cases has dealt with the cases of "copying" or "mass copying".
E In my view, when the question as regard the applicability of rules of
natural justice has already been decided by this Court in several cases
relating to "copying" and "mass copying" then the law laid down in
such cases must be applied to the cases at hand and not the one which
lays down the law which explains the principle in general. Similarly, the
last case cited has no application to the facts of this case because it
F deals with the applicability of rule to the case relating to the land. It is
for these reasons, the submissirn based on the case law cited has no
merit. It is accordingly rejected.
64. This takes me to the issue regarding constitution ofVyapam
under the Act and its effect on the controversy in question. Since this
G issue has been elaborately dealt with by my esteemed Brother, I
respectfully agree with His Lordship's reasoning and the conclusion and
hence do not wish to add anything.
65. It is pe11inent to mention that this Court by order dated
08.08.2014 has dismissed one S.L.P. (c) No. 16257 of2014 in limine
I-I arising out of the order of the High Court dated 11.04.2014 in W.P. No.
NIDHI KAIM v. STATE OF MADHYA PRADESH 897
[ABHAY MANOHAR SAPRE, J.l

20342 of2013 entitled Km. Pratibha Singh & Ors. vs. State & Ors. A
and other connected matters. This writ petition was filed by the
candidates who had appeared in the PMT examination held in the year
2013. The results of these candidates were also cancelled on the same
grounds on which it was cancelled in the cases at hand. i.e., in relation to
candidates of the years 2008 to 20 I 2. The High Court by order dated
B
11.04.2014 dismissed the writ petitions and upheld the cancellation of
the resu Its. In fact, the impugned judgment in th is case has followed in
extenso the main decision rendered in Prntibha Siugh's case (supra).
Since it was a dismissal of SLP in limine and as rightly argued by the
learned counsel for the appellants that there was no merger of the decision
of the High Court and nor it could be considered that this Court affirmed c
the view taken by the High Court in Pratibha Singh's case (supra), we
considered in the interest of justice to hear these matters in detail and
record our reasons.
66. It was then brought to our notice by the learned counsel
appearing for the State/Vyapam that pursuant to FIR registered in these D
cases, the investigation is still going on by the CBI as directed by this
Court vide an order passed in pending special leave petition. It is stated
that in several cases, charge sheets have been filed against several
accused in Courts.
67. It is accordingly made clear that any observation made by this E
Court in this judgment would not, in any way, influence the ongoing
investigation and any pending criminal case. It is also made clear that
this Court has examined the issue relating to cancellation of results in
the light of grounds raised by the appellants in the writ petitions and the
special leave petitions. In this view of the matter, ongoing investigation
and pending criminal cases will be dealt with and decided strictly in F
accordance with law uninfluenced by any observation made hereinabove.
68. Before parting, it is considered apposite to observe that it is
well know11 that the Examination is always considered as one of the
major means to assess and evaluate candidate's skills and knowledge be
1ta school test, university examination, professional entrance examination G
or any other examination. Candidate's fitness for his further assignment
whether in studies or employment is, therefore, judged on the basis of
his performance in the examination. It is for this reason, the examination
is considered as a common tool around which the entire education system
revolves. H
898 SUPREME COURT REPORTS [2016] 7 S.C.R.

A 69. Examination malpractices, academic fraud or cheating in the
examination is as old as the examination itself. Study made by the
educationist has revealed that these malpractices are gradually on the
rise across the world and has caused a threat to public trust in reliability
and credibility to the system as a whole. These malpractices occur within
and outside the examination halls and are perpetrated by the candidates,
B
staff and other external agencies before, during and after the examination.
Various kinds of strategies are innovated and then applied to enable the
candidate to clear the examination any how. It has, therefore, destroyed
the piousness of the examination. With a view to prohibit such activities,
State of A.P. had enacted a legislation but it was found inadequate to
c control such activities.
70. It is, therefore, the collective responsibility of the Government
(Central/States), educational bodies/Institutions to ponderover and evolve
a uniform policy in a comprehensive manner to firmly deal with such
activities in the larger public good. It is hoped that effective remedial
D steps would be taken in that regard.
71. In view of foregoing discussion, I find no merit in these appeals.
All the appeals thus fail and are accordingly dismissed. No Costs.
ORDER
E Jn view of the divergence of opinion in terms of separate judgments
pronounced by us in these appeals today, the Registry is directed to
place the papers before Hon' ble the Chief Justice oflndia for appropriate
further orders.
Devika Gujral Matter referred to CJ I.
F