Supreme Court reduces punishment of DTU student found guilty of using unfair means in examination

The Supreme Court recently sustained the finding of guilt against a Delhi Technological University (DTU) student found to have used unfair means in his second-semester examination [Yogesh Parihar v Delhi Technical University and Ors]..A bench of Justices BR Gavai and Sanjay Karol, however, found that the punishment imposed on him directing him to register for the second semester of his course afresh, was disproportionate to his actions and therefore, reduced the same. The engineering student, Yogesh Parihar, would be allowed to continue his course in the third semester and would not have to lose a year though he will be deemed to have failed in his second semester exam and will have to reappear for the same."We do not find that the finding of the High Court that the petitioner was guilty of malpractice needs to be interfered, we find that the punishment awarded is disproportionate to the act found to be proved against the petitioner. Therefore, in the fact and circumstances of the case, we reduce the punishment imposed by the High Court upon the petitioner 1 from Category IV to Category II," the Court said in its May 17 order. .The matter arose after a mobile phone was found in possession of another student that contained a WhatsApp group called “Ans” in which the answers to the examination questions were being shared amongst 22 students.Parihar was stated to be a member of that group. The Unfair Means Scrutiny Committee of the DTU found that Parihar was in knowledge of the fact that he was a part of the WhatsApp group and rejected his alibi that his phone was being used by his roommate Vatan Tomar.The Vice-Chancellor (VC) of the DTU had, therefore, imposed category-IV punishment on Parihar and cancelled his exams. This had also led to cancellation of his registration for the third-semester and he was asked to register himself again for the second semester.The Delhi High Court had in December 2022 dismissed Parihar's petition challenging the DTU decision.The High Court in its ruling observed that the students who use ‘unfair means’ in exams and then get away with it, cannot contribute to nation-building and that students like Parihar must be "dealt with a heavy hand" and should be taught a lesson..Senior Advocate V Mohana with advocates Sriram Prarakkat, MS Vishnushankar, Bhavya Pande, Aditya Santosh, Neha Kumari, and Koshy John appeared for the student before the Supreme Court.Advocates Avnish Ahlawat, Apoorva Misra, and Dr Monika Gusain appeared for the respondents.[Read order]