NIDHI KAIM AND ANOTHER versus STATE OF MADHYA PRADESH AND OTHERS

Citation: [2017] 2 S.C.R. 527 · Decided: 13-02-2017 · Supreme Court of India · Bench: J.S. KHEHAR · Disposal: Dismissed

Cited by 2 judgment(s) · cites 8 · see the full citation network in Lexace

Judgment (excerpt)

[2017] 2 S.C.R. 527 
NIDHI KAIM AND ANOTHER 
v. 
STATE OF MADHYA PRADESH AND OTHERS 
(Civil Appeal No. 1727of2016) 
FEBRUARY 13,2017 
[JAGDISH SINGH KHEHAR, CJI, KURIAN JOSEPH AND 
ARUN MISHRA, JJ.] 
Madhya Pradesh Professional Examination Board Act, 
2007- Examination process - Tampering of - Entrance examination 
for admissions into medical colleges - Allegation of conspiracy and 
use of unfair means in the examination - Cancellation of admissions 
of appellants and others - Challenge against -
Held: The 
manipulation by which the appellants obtained admission involved 
not only a breach in the computer system, whereby roll numbers 
were allotted to the appellants. to effectuate their plans, it also 
involved the procurement of meritorious persons, .to assist them, in 
answering the questions (in the Pre-Medical Test) - The seating 
arrangement of appellants next to the concerned helper, at the 
examination, was also based on further computer interpolations -
Not only were the seating plans distorted for achieving the purpose, 
even the institutions where the appellants were to take the Pre-
Medical Test, were arranged in a manner, as would suit the 
appellants, again by a similar process of computer falsification -
The admission of appellants to the MBBS course was, thus, based 
on a well orchestrated plan based on established fraud - In view of 
the sequence of facts, it is not possible to accept, that the deception 
and deceit, adopted by the appellants, was a simple ajfab; which 
can be overlooked - The involvement of the appellants was indeed 
the most grave and extreme - In view thereof, the consequence of 
established fraud cannot be ignored, to do complete justice in a 
matter, in exercise of jurisdiction vested in this Court, u!Art.142 of 
the Constitution - Constitution of India - Art. I 42 - Scam. 
Constitution of India: 
Art.142 - Mass fraud - Admission obtained by fraud -
Invocation of Art. I 42, to do complete justice, determining 
527 
A 
B 
c 
D 
E 
F 
G 
H 
528 
A 
B 
c 
D 
E 
F 
G 
H 
SUPREME COURT REPORTS 
[2017] 2 S.C.R. 
parameters - Held: The /ll'o important parameters for consideration 
are, "larger interest of administration oj justice", and "preventing 
manifest injustice" - The facts and circumstances of the instant 
case do not reveal the existence. of either of these two factors -
With Vyapam having cancelled the appellants' admission lo the MBBS 
course, and the said orders having been upheld by the High Court, 
as well as, by this Court, ii cannot be said that the cancellation 
orders were unjust - If the admission of the appellants to the MBBS 
course, was improper, the cancellation orders, were obviously proper 
- If the academic benefits of the appellants, arising out of their 
admission cancelled by Vyapam are restored, tht cancellation orders 
would be set at naught - That would not serve the "larger interest 
of administration of justice" - On the contrary, such an initiative 
would cause "manifest injustice" - It is, therefore, not possible in 
the facts of the instant case to invoke Art. 142 of the Constitution 
in the larger interest of the administration of justice - It is also not 
possible to accept, that any manifest injustice would be done to the 
appellants, if their admissions are cancelled - Scam. 
Art. I 42 - Exercise of power u/Art. I 42 to do complete 
;us/ice - Connotation of words "complete justice"- Held: The words 
"complete justice" used in Art.142 would not include the power, to 
disregard even statutory provisions, and/or a declared 
pronouncement of law under Art.141, even in exceptional 
circumstances - Debates and deliberations in Parliament, leading 
to a valid legislation, represent the will of the majority- It is difficult, 
to visualize a situation, wherein a valid legislation, would render 
injustice to the parties, or would lead to a situation of incomplete 
;ustice for one or the other party - In view of the conscious 
involvement of the appellants in gaining admission to the MBBS 
course, by means of a fraudulent stratagem of trickery, the 
declaration of law with reference to fraud cannot be ignored or 
overlooked - Nothing obtained by fraud, can be sustained - This 
declaredproposition of law, must apply to the case of the appellants, 
as well. 
Art. I 42 - Admission obtained by fraud - Invocation of 
Art. 142 on plea of being young and immature - The submission of 
appellants was that they should not be identified, as a part of the 
syndicate, e

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