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Jodhpur, Rajasthan – In a significant ruling, the Rajasthan High Court has directed medical colleges to allow a group of MBBS students, accused of impersonating others during the NEET-UG 2023 examination, to resume their studies and appear for examinations. The decision comes after the students were suspended following FIRs and subsequent orders from the National Medical Commission (NMC).
Court Criticizes Lack of Legal Provision for Suspension
Justice Dinesh Mehta, presiding over the case, observed that the suspension of the students was not supported by any statutory provision. The court noted that while the students were accused of appearing for others in the NEET exam, there was no allegation that they had secured their own admissions through fraudulent means. The bench stated that, in the absence of explicit regulations permitting suspension, rustication, or cancellation of admission for such acts, the colleges’ actions were “illegal and without jurisdiction,” violating the students’ fundamental rights under Articles 19(1)(g) and 21 of the Constitution.
“Unless there is any statute or regulation, which provides for suspension, rustication or even cancellation of the admission of the candidates involved in impersonation in the examinations, the respondents cannot place the petitioners under suspension,” the court remarked.
Emphasis on Due Process and Students’ Future
The court expressed concern that prolonged suspension during the pendency of a criminal trial could cause “irreversible and irreparable” harm to the students’ academic careers. Justice Mehta stressed that suspending the students before a conviction amounted to punishing them in advance, and that if they were ultimately acquitted, they would have lost several years of their education.
However, the court made it clear that it did not condone the act of impersonation, urging the Central Government to introduce appropriate legislation to address the growing issue of exam malpractices.
Legal Arguments and Court’s Reasoning
The students’ counsel argued that, while the Public Examination (Prevention of Unfair Means) Act, 2024, provides for punishment for such offences, it does not authorize suspension from college. The NMC, on the other hand, maintained that it has the authority to uphold standards in medical education and that the students’ actions constituted “organized crime” and “unfair means” under the new Act.
After reviewing both sides, the court found that existing regulations only provide for suspension in cases of ragging, not impersonation. The court also clarified that any determination of the students’ guilt in impersonation would be the purview of the criminal courts, not the educational institutions.
Looking Ahead
The court’s order ensures that the accused students can continue their studies while the legal process unfolds. It also highlights a legislative gap in dealing with exam-related offences, prompting calls for clearer guidelines and statutory provisions.
Disclaimer:
This article is based on information reported by Medical Dialogues as of May 2025. The legal proceedings are ongoing, and the final outcome will depend on the findings of the competent courts. The article is intended for informational purposes only and does not constitute legal advice or an endorsement of any party’s actions.
