Rajasthan HC Grants Relief To IIT-JEE Candidate Barred For 2 Years After Being Caught Allegedly Copying From Another Candidate's Answers
The Rajasthan High Court has granted relief to an IIT-JEE aspirant who was barred by the National Testing Agency from giving the exam for academic sessions 2025-26 and 2026-27 after he was allegedly found using unfair means and was looking into the answer sheet of a fellow candidate sitting right adjacent to him.
While highlighting that such a stigmatising penalty could not have been inflicted without providing an opportunity of hearing, the bench of Justice Anoop Kumar Dhand opined that the inflicted penalty would certainly spoil the petitioner's career and create an impediment on his way to getting public employment.
The Court was hearing a petition filed by the petitioners whose result in the IIT-JEE 2024-25 was withheld by the respondents for allegedly using unfair means, further depriving them of appearing in the exam for the next two years.
It was argued by the petitioner that the decision was taken solely based on some CCTV footage and without providing any notice or opportunity of hearing to the petitioner.
On the contrary, it was submitted by the respondent that the petitioner was caught looking into the answer sheet of another candidate sitting beside him, and the whole incident was caught on CCTV camera. Further, when the answer sheets of both candidates were matched, the answers were found to be verbatim the same with no difference.
After hearing the contentions, the Court highlighted that considering principles of natural justice, it was a bounden duty of the respondent to afford the opportunity of hearing to the petitioner before passing such a stigmatising penalty that could spoil his career and would hamper him from getting public employment. It said:
"The penalty inflicted upon the petitioner would certainly spoil his career and will carry stigma with him for all times to come and will create an impediment, whenever he would come ahead to get public employment. It is settled proposition of law that whenever any stigmatic order is passed against a person, which causes stigma on his career in future, it is bounden duty of the authority concerned to provide him opportunity of hearing, before passing such order. In the instant case, aforesaid exercise has not been done by the respondents".
Accordingly, it was stated that the actions of the respondents could not be sustained, and directions were made to them to take a decision afresh after providing an opportunity of hearing to the petitioner.
The plea was disposed of.
Title: Mahir Bishnoi v National Testing Agency & Anr.
Citation: 2025 LiveLaw (Raj) 220