Exam cancellation due to misconduct is not an arbitrary decision: High Court of Delhi
Title: Kavi Vaidwan And Ors Versus Delhi Skill And Entrepreneurship University And Ors
Citation: Writ Petition(C) 13486/2023, CM APPL.53269/2023 & 53270/2023
Coram: HON’BLE MR. JUSTICE CHANDRA DHARI SINGH
Decided on: 12TH DAY OF OCTOBER 2023
Introduction:
KaviVaidwan filed a writ petition of Mandamus against the notice of cancellation of examination by Delhi Skill and Entrepreneurship University. The Hon’ble High Court of Delhi dismissed the aforesaid petition on the grounds that the act of DSEU is not arbitrary and does not violate Articles 14 and 16 of the Indian Constitution.
Facts:
Vide notice on 1st November 2021, Delhi Skill and Entrepreneurship University declared 42 vacancies of Junior Assistant/Office Assistant posts. The said recruitment was to be conducted in 2 tiers. The candidates who appeared and qualified in the 1st Tier Examination i.e. written examination were shortlisted for the 2nd Tier Examination i.e. Skill/Typing Test.
The DSEU, before the 2nd Tier Examination, has released the list of selected and waiting list of candidates. The impugned petitioner of the above list has filed applications of writ before this Court. The DSEU, on finding out the presence of unfair means in two centres, have cancelled the entire examination to maintain the sanctity of the examination.
The Learned Counsel, on behalf of the petitioners, argued that the action taken by DSEU is an arbitrary act and violates the Fundamental rights under Articles 14 & 16 of the Constitution of India.
Court’s Analysis and Judgement
The Hon’ble High Court of Delhi, after the discussion on the aforesaid case, held that in order to maintain the sanctity of the examination, the State and its agencies have not left with any option other than cancellation of the entire examination. The Court has expressed its regret for the examination’s cancellation as well as for the innocent students who suffered because of the misconduct and disorderly conduct of their colleagues.
The Court also observed that it is extremely difficult for the agencies to determine and identify the students who have been engaged in such malpractices and irregularities from the ones with bonafide intentions. Thus, DSEU has failed to determine the extent to which the very integrity of the entire examination was compromised.
The petitioner has failed to provide evident reasons for the Court to interfere in the case. Also, the Court has declared that the action of DSEU was within its authority while cancelling the examination and hence cannot be alleged as arbitrary in nature.
The said writ petition was accordingly dismissed with this judgment.
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