Relief to IIM Bangalore students found cheating in online exams: Karnataka HC dismisses IIM Appeal
The Karnataka High Court dismissed the IIM appeal and ruled that relief to IIM Bangalore students found cheating in online exams.
Background
The writ Court has remitted the matter back to the appellant-Indian Institute of Management with a direction to reconsider the quantum of punishment in terms of clause 4.2.1(c) of the Programme Manual 2021-2022 [PGP & PGP BA] and pass appropriate order.
Arguments
The appellants contended that the Single Judge has grossly erred in relying on certain provisions of the Programme Manual 2021- 2022 to come to the conclusion that a lenient view is required to be taken for the first-time offenders and the impugned order is not sustainable in the eyes of law. It is submitted that the respondents were the students enrolled in PGP & PGP BA course and they were required to appear in online mid-term examination held on 05.08.2021.
The appellants submitted that under the manual dealing with the provisions relating to academic penalty for copying in examinations and quizzes clearly provides that the penalty could be more severe, including possible expulsion.
Decision
The division bench of Justice Ritu Raj Awasthi and Justice Suraj Govindaraj noted that there is no dispute to the fact that the respondents students are first-time offenders. There is also no dispute to the fact that para 4.2.1(c)(1) of the program manual is fully applicable to the case of the respondents-students.
The court said that the manual clearly provides that for the first-time offenders, zero marks shall be awarded in all examinations/test/quiz. For the repeat offenders, grade ‘U’ (unsatisfactory) and zero grade point will be awarded to a student in the course if the student has already been penalized for the lack of integrity in any course in the program.
The court did not find any infirmity or illegality in the view taken by the Single Judge and as such, did not consider it to be a necessary case for interference.
The court made it clear that considering that the respondents are the students studying in the Apex Management Institute and their career is at stake. The court felt it appropriate to observe that in case the respondents-students involve themselves again in any such activities such as involving themselves in cheating in the examination and adopting unfair means, then the appellants could be free to take appropriate action against them in accordance with the manual.
Case title: Indian Institute of Management Bangalore v/s Daivanti Thakare
Citation: WRIT APPEAL NO.91 OF 2022 (EDN-RES)
