Sravani Sarkar
NewsBits.in
Bhopal: In a major decision, the Supreme Court on Monday upheld the decision of the MP Professional Examination Board (PEB) - commonly known as Vyapam - to cancel candidature of 634 medical students who had got admissions by adopting unfair means in the entrance test conducted by the board.
Consequently, these students – enrolled to different medical colleges in state between 2008 and 2012 - would now have to leave the medical courses at whatever stage they are. Some of them had completed the five-year course and were into their internship.
The Supreme Court upheld the order of the MP High Court that had thrown out petition by the medical students challenging the decision of the Vyapam to nullify their candidature in pre-medical tests (PMTs) and therefore turn their admissions to medical colleges (secured on basis of score of the tests) illegal.
It may be mentioned that after the Vyapam scam was uncovered and it became known that some of the candidates of PMT had resorted to unfair means of various degrees to get higher scores, the PEB (Vyapam) had conducted internal inquiry and cancelled the PMT results of over 1100 candidates. Admission of those who got admissions to basis of these test results were thus nullified and they had gone to the court.
Additional advocate general of Madhya Pradesh, Purushaindra Kaurav, who appeared on behalf of Vyapam in the case in Supreme Court, told NewsBits.in that the landmark order upholding the dismissal decision was given by a three-member bench of SC comprising Chief Justice JS Kehar and justices Kurian Joseph and Arun Mishra.
Earlier, while hearing petitions against MP High Court order (by medical students concerned) the two-judge bench of Supreme Court had expressed divergent views on exercise of article 142 of the constitution of India. However, both the judges upheld the orders of dismissal on merits.
One of the judges, Justice J Chelmeshwar had directed that the medical knowledge of the students be utilised for society as they spent long time and money in studying, however, Justice Abhay Sapre said that they should not be given any benefit as they committed fraud. Hence the matter was referred to 3-judge bench, which today upheld the view of Justice Sapre, the additional advocate general said.
The students have to now leave the course as it is they will not be given any degree. They were earlier allowed by SC on interim basis to write the exam, however, results were withheld. Some of them were allowed to complete their internship.
For petitioner many senior advocated pleaded the cases on the ground of sympathy including Rajeev Dhawan, Shyam Diwan, Raju Ramchandran, Indu Malhotra, Siddharth Luthra and others while for Vyapam, the matter was pleased by Kaurav and advocate Rajul Shrivastava.
Reacting to the decision, Vyapam whistleblower Anand Rai said that it was a welcome decision, but the Supreme Court should also see that the bigger fishes in the scam, who are now out of jail including the former education minister Laxmikant Sharma and kin of IAS and IPS officers, are also brought to justice.
Another whistleblower, Ajay Dubey said that the IAS officers who were in-charge of medical education department at the time of these admissions should also be brought under scrutiny.
MP Congress president Arun Yadav demanded resignation of chief minister Shivraj Singh Chouhan yet again, saying that the SC decision has shown the government's complicity in the entire scam and the CM cannot plead of clean chit.
