BENGALURU: The Karnataka high court on Friday dismissed a writ appeal filed by Indian Institute of Management, Bangalore (IIMB), challenging the lenient view taken by a single bench on nine expelled postgraduate programme students caught for exam malpractices.
It, however, added that the verdict should not be treated as a precedent for other similar cases.
These students allegedly used social media (by forming a WhatsApp group) for cheating and indulged in unfair practice during online mid-term exam for the subjects — marketing management, organization design and managerial communication I — held on August 5, 2021.
The institute expelled them on August 25, 2021 and rejected a review appeal on September 24, 2021.
On December 20, 2021, a single bench allowed the students' petition and set aside their expulsion, citing that since they are first-time offenders, a lenient view should be taken. Also, it cited differential treatment vis-a-vis similarly situated six other students, who were awarded zero marks in the exam as per the manual but were not expelled like the petitioners.
In addition, a directive was issued to reconsider the quantum of punishment as per the Programme Manual 2021-22 (PGP & PGP BA) and pass an appropriate order.
IIMB challenged the order, contending that the single bench did not properly examine the manual and consider the judgments of Supreme Court and high courts while dealing with educational and academic matters.
The premier institute's main contention was the manual clearly provides that the penalty can be more severe, including possible expulsion, and it is the department's discretion to adopt a lenient view or to impose severe penalty of expulsion in case the students have been found involved in copying in examination.
However, the division bench noted that though the manual provides for severe penalty, it does not mean every time the award of expulsion should be resorted to and lenient view can't be taken. Once a provision has been made and a view on its basis has been cited by the court, it can't be said that the view taken by the court is wrong and no interference should have been made, the bench observed.
"In the given facts and circumstances, we do not find any illegality or infirmity in the view taken by the single judge and as such do consider it a necessary case for interference. However, considering that the respondents/petitioners are the students studying in an apex management institute and their career is at stake, we feel it appropriate to observe that in case they involve themselves again in any activities such as cheating in examination and adopting unfair means, the appellant would be free to take appropriate action against them in accordance with the manual. The view taken by the court in the case of the respondent-petitioners shall not be treated as a precedent in future," the division bench observed while dismissing the writ appeal.
"The single judge has taken into consideration the fact that the PGP committee -- without holding an inquiry into the complaint and only on the basis of a screenshot -- came to the conclusion that 10 students are involved in use of unfair means in all three subjects and awarded the maximum punishment of expulsion from the institute," the division bench said.
Nine of the 10 expelled students approached the high court later.
