Delhi High Court’s Decision on DU Law Student’s Exam Misconduct Case
The Delhi High Court has recently intervened in a disciplinary decision by Delhi University (DU) concerning an LL.B. student accused of cheating during an examination. In a significant ruling, the court found the university’s action of canceling all papers for the semester to be disproportionate. Justice Jasmeet Singh highlighted that the evidence did not substantiate the claim that the student utilized the alleged material to cheat, stating, “In my opinion, the cancellation of the papers of the entire semester is not proportional, as even on preponderance of probability, it has not been proved that the petitioner was found using the material for copying or cheating in the paper.”
Details of the Incident and University Inquiry
The incident in question occurred on January 13, 2025, during the Bharatiya Nyaya Sanhita examination. The petitioner left the exam hall to use the restroom, where a faculty member reportedly discovered him with a slip of paper, suggesting an attempt to cheat. This led to a show cause notice and an inquiry by the University’s Examination Disciplinary Committee. Initially, the Committee decided to debar the student from all examinations until the end of the following semester, based on Clause C of the guidelines. Upon appeal, the penalty was reduced to Clause B, leading to the cancellation of all papers for that semester. The student then sought relief from the High Court.
Court’s Findings and Ruling
Upon examination, the High Court noted a lack of evidence in the inquiry report that directly linked the student to using the material for cheating. Justice Singh emphasized that the standard for such inquiries is the preponderance of probability rather than beyond a reasonable doubt. However, the evidence only showed that material was present in the washroom, not that it was used. Consequently, the court granted the petitioner the benefit of doubt, concluding that the case should fall under Clause A. This lesser penalty involves the cancellation of only the specific paper, with the student receiving a zero for that exam.
Representation
The petitioner was represented by a legal team comprising advocates Deepak Janghu, Ankush Yadav, Karan Thobhani, and Sarthak Mahajan. On the other side, Delhi University’s legal representation included advocates Amanpreet Singh and Harpreet Singh.
