The recent case of Yogesh Parihar v Delhi Technical University and Ors saw the Supreme Court upholding the finding of guilt against a student from Delhi Technological University (DTU) who was found to have engaged in unfair means during his second-semester examination. However, the court found that the punishment imposed on him, which involved registering for the second semester afresh, was disproportionate to his actions, and therefore, it reduced the severity of the punishment.
Yogesh Parihar, an engineering student, will now be allowed to continue his course in the third semester without losing a year. However, he will be deemed to have failed in his second semester exam and will have to reappear for the same.
The Supreme Court stated in its May 17 order that it did not find any reason to interfere with the High Court's finding that Parihar was guilty of malpractice. However, it deemed the punishment awarded to be disproportionate. Consequently, the court reduced the severity of the punishment from Category IV to Category II.
The case arose when another student was found in possession of a mobile phone containing a WhatsApp group called "Ans," where examination answers were being shared among 22 students. Parihar was identified as a member of this group.
The Unfair Means Scrutiny Committee of DTU concluded that Parihar was aware of his involvement in the WhatsApp group and rejected his alibi claiming that his roommate, Vatan Tomar, had used his phone. As a result, the Vice-Chancellor of DTU imposed Category IV punishment on Parihar, including the cancellation of his exams and the requirement to register again for the second semester, which also led to the cancellation of his third-semester registration.
In December 2022, Parihar's petition challenging DTU's decision was dismissed by the Delhi High Court. The High Court's ruling emphasized that students who engage in unfair means during exams and escape the consequences cannot contribute to nation-building. It argued that students like Parihar should be dealt with severely and taught a lesson.
Yogesh Parihar was represented by Senior Advocate V Mohana and a team of advocates before the Supreme Court, while the respondents were represented by Advocates Avnish Ahlawat, Apoorva Misra, and Dr. Monika Gusain.
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TAGS: Supreme Court Delhi Technological University DTU unfair means guilt punishment second-semester examination finding reduced punishment engineering student WhatsApp group mobile phone Unfair Means Scrutiny Committee malpractice Vice-Chancellor High Court registration third semester heavy hand Senior Advocate respondents.
