'Serious Issue': Karnataka HC Directs State Law University To Formulate Guidelines To Stop Malpractices In Examinations Using Technology

The Karnataka High Court has directed the Vice Chancellor and Registrar of the Karnataka State Law University to formulate necessary Rules in relation to safeguard the sanctity of examinations and avoid malpractises indulged by students, so as to make available a level playing field for all students.

Justice Suraj Govindaraj also directed that the rules issued shall be made applicable to all colleges coming within the jurisdiction or affiliated to the said University and be implemented in a time bound manner.

Emphasising the need for rules the court said “The aspect of malpractices in examination is also a very serious issue, inasmuch as if some of the candidates were to resort to any malpractice, they would derive undue benefit which they would not be entitled to and this being at the cost of the other students.”

It added “The aspect of malpractice in an examination not only is an issue in person as regards the candidate, but is an issue in rem as regards all the candidates appearing in the examination. No student can or should be permitted to take undue advantage of any malpractice at the cost of the other students having taken up the examination.”

The bench pointed to the hyper competitive environment, existent in all fields of education and how it is only on the basis of marks, which are secured that future education could be pursued by a student.

Accordingly, it issued the following general directions which the University can take into consideration while formulating necessary guidelines and or Standard operating procedure in that regard.

"# Conduct of examination: The process of examination itself would have to be conducted in a transparent manner and towards this end the University would have to make use of the available new technologies so as to establish such transparency.

# One of the modes could be use of closed Circuit Television (CCTV) in all the examination halls, recording the entire process of examination so as to ascertain if indeed any malpractice has been committed by any student or not. It is needless to say that these CCTV cameras would have to be of sufficient high resolution covering the entire examination hall and the examination centre, the video recording thereof is to be on a real time basis uploaded to a server so that there is no manipulation of the said recording.

# In the event of any allegations being made against any particular student of malpractice, this video recording could be used as evidence either to prove such malpractice or to disprove the allegation of malpractice.

# Invigilators would have to be provided with high resolution body worn cameras so that their movement in the examination hall or the examination centre is also recorded on a real time basis and uploaded to a server to be verified when allegations are made.

# It would be required for jammers to be installed at the examination hall and the centre so that any communication to and from the examination hall by any student does not take place by using radio frequency, microwaves and or mobile phones.

# In the event of any Flying Squad visiting the examination hall and centre, the officials of the Flying Squad to also be provided with high resolution body worn cameras, which would record their progress and their conduct and progress in the examination centre and examination hall. These videos are also to be uploaded on a real time basis to the server so that the same cannot be manipulated.

# Proceedings if initiated against a student on account of malpractice. notice to be served to the student detailing out the allegations by way of email. The email ID of the students having been secured by the College and University at the time of admission itself and the said email ID constituting valid official email ID for the purpose of communication between the College and or the University on the one hand and the student on the other.

# The statements of the students to be video recorded and uploaded on the server on a real time basis so that there is no manipulation. The proceedings before the Malpractice Committee to be also video recorded in order to ascertain, if the student has been forced to sign any document and or the same is voluntarily done.

# The above recordings and processing of the recordings to be in terms of Section 105 of the Bharatiya Nagrik Suraksha Sanhita, 2023 and such other provisions as may be applicable there too". 

The court gave the direction while allowing a petition filed by a law student Rahul H M, challenging an order dated 01.07.2024 issued by the respondent directing that he is not allowed to take the next available examination besides forfeiting his performance in the examination, in which, he is alleged to have committed malpractice. Further, it was directed that he should not be allowed to keep the term for the next higher semester/year or pursue any other alternative course till the above punishment is completed.

The bench on going through the records noted that it is found in most of the cases that the University relies upon alleged confession on part of the students and in most of these cases, a pre formatted proceedings detailing out the details of the student, a brief description of the enquiry proceedings as also the punishment imposed are all found on the same sheet of paper and these are alleged to be signed by the students of their own free will and volition.

It said, “This so-called confession is not on a paper or not in the handwriting of the student, but is typed by the Malpractice Committee, on which the student has signed or is asked to sign.”

Following which it held “These aspects touching upon the future career of a student are required to be dealt with by the University in a transparent manner. So that on the face of records, it would be seen and ascertained that the necessary procedures have been followed, the principles of natural justice as also the procedure prescribed under relevant ordinance are complied with. In the present case, the procedure which has been followed does not inspire any confidence.”

Thus it directed that the Malpractice Committee would have to be directed to redo the entire enquiry process by complying with the requirements of the ordinance issued under Section 48(1)(d) of the KSLU Act, 2009.

Since the examinations for the current semester are going on, the petitioner was permitted to take up those examinations subject to the result of the Malpractice Committee.

"Re-list on 24.03.2025 for reporting compliance with the above General Directions by the Registrar, Karnataka State Law University," the court directed. 

Appearance: Advocate Gayatri S R for Advocate Mallikarjunswamy B Hiremath for Petitioner.

Advocate K.L Patil for R1.

Citation No: 2025 LiveLaw (Kar) 38

Case Title: Rahul H M AND The Registrar (Evaluation) & ANR

Case No: WRIT PETITION NO. 104890 OF 2024

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