MBBS Exam Scam Fallout: P&H High Court Quashes Expulsion for Breach of Natural Justice, Orders Fresh Hearing
Case Name: Khushi Sehrawat v. Pt. B.D. Sharma University of Health Sciences & Ors.; Vidhi Rana v. Pt. B.D. Sharma University of Health Sciences & Ors.
Date of Judgment: 20 March 2026
Citation: CWP-8528-2026
Bench: Hon’ble Mr. Justice Kuldeep Tiwari
Held: The High Court held that even in cases involving serious allegations of examination malpractice, compliance with principles of natural justice is mandatory. The impugned expulsion orders were set aside for failure to provide the students an opportunity of hearing and relevant material before decision-making.
Summary: The petitions challenged the order of the Vice Chancellor expelling MBBS students from the University, cancelling their examination results, and debarring them from re-admission on account of alleged involvement in a large-scale examination scam.
The petitioners contended that the impugned action was vitiated by violation of natural justice, as neither were they granted a personal hearing by the Vice Chancellor nor supplied with the recommendations of the Board of Discipline and the handwriting expert’s report, which formed the basis of the decision. They further argued absence of cogent evidence and disproportionality of punishment.
The University, on the other hand, defended the action by highlighting that a detailed inquiry was conducted into large-scale irregularities involving manipulation and substitution of answer sheets. A Board of Discipline was constituted, show cause notices were issued, and expert opinion confirmed mismatch in handwriting, leading to the recommendation of expulsion.
Upon consideration, the Court observed that although the disciplinary proceedings before the Board were conducted in accordance with the prescribed procedure, the final decision-making by the Vice Chancellor suffered from a fundamental procedural defect. The material relied upon, including the recommendations and expert report, was not supplied to the petitioners, nor were they given an opportunity to respond or be heard before the final order was passed.
The Court emphasized that the seriousness of allegations cannot override the requirement of adherence to natural justice, which remains a sine qua non before passing any adverse order affecting rights of students.
Decision: The impugned orders of expulsion were set aside. The matter was remanded with directions to supply relevant material to the petitioners, invite their objections, grant personal hearing, and pass a fresh order in accordance with law.