Gujarat High Court Stresses Strict Action Against Malpractices in Competitive Exams to Uphold Integrity

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The Gujarat High Court has taken a firm stance against malpractices in competitive exams, emphasizing the need for strict action to maintain the integrity of these examinations. Justice Hasmukh Suthar, in a recent order, highlighted the detrimental impact of cheating and misconduct on honest aspirants who diligently prepare for government job exams.

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This strong position was reflected in the Court’s decision to reject a plea for pre-arrest bail by an individual accused of cheating in a clerk post examination. Justice Suthar’s November 3 order stated,

“In so far as the competitive examination is concerned, misconduct, misbehaviour, malpractices and cheating is required to be dealt with strictly. The purity of the examination is of paramount consideration and in the competitive exams, where many incumbent candidates burn their midnight oil to secure the government job and are eagerly waiting for the same, they are ultimately deprived due to such unscrupulous elements and their dishonest activity and malpractice.”

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The Court further reasoned that when serious offences are disclosed and the involvement of an accused is prima facie established, granting anticipatory bail should be approached with caution. In the case at hand, the Court found that the accused had actively participated in the alleged crime, which was executed in a very planned and methodical manner. The judge noted that such offences not only harm individuals but also affect larger societal interests.

The bench clarified the purpose of anticipatory bail, stating it is meant to ensure that a person is not harassed or humiliated to satisfy the grudge or personal vendetta of a complainant.

“However, in the present case, no any such sort of allegation or bias is found out. It is needless to say that order under Section 438 of CrPC is not a passport to the commission of offence nor a shield against any serious accusation, which adversely affects the society,”

the bench concluded.

This ruling by the Gujarat High Court sends a clear message about the seriousness with which malpractices in competitive exams are to be treated, underlining the importance of fairness and integrity in the recruitment process for government jobs.

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author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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