Karnataka HC directs law university to formulate SOP to safeguard sanctity of examinations

Bengaluru: The Karnataka High Court directed the Karnataka State Law University to formulate necessary guidelines and/or a Standard Operating Procedure (SOP) in order to safeguard the sanctity of examinations and ensure a level playing field for all students.

Justice Suraj Govindaraj issued general directions to the university observing that in several matters pertaining to examination malpractices the authorities take signatures of the students on the so-called confession which is typed by the Malpractice Committee.

The court said the process of conducting examinations must be transparent. Justice Suraj Govindaraj said that the university should utilise technology to establish such transparency. The directions include the use of Closed Circuit Television (CCTV) in all examination halls, with high resolution cameras, covering the entire examination hall and centre. The video recording should be uploaded to a server in real-time to prevent manipulation.

The court further said in the event of any allegations of malpractice, the video recording could be used as evidence either to prove such malpractice or to disprove the allegation. The court also said the invigilators and flying squad must also be provided with high-resolution body-worn cameras so that their movement is also recorded in real-time and uploaded to a server.

Similarly, jammers will have to be installed at the examination hall and centre to prevent any communication to and from the examination hall by any student using radio frequency, microwaves, or mobile phones.

“If proceedings are initiated against a student on account of malpractice, notice should be served to the student detailing the allegations via email. The email ID of the students should be secured by the college and university at the time of admission and constitute a valid official email ID for communication between the college or university and the student."

"The statements of the students should be video recorded and uploaded to the server in real-time to prevent manipulation. The proceedings before the Malpractice Committee should also be video recorded to ascertain if the student was forced to sign any document or if it was done voluntarily,” the court said, adding that the proceeding should be in terms of Section 105 of the Bhartiya Nagrik Suraksha Sanhita and other applicable provisions.

In the case at hand, a first-year LLB student at Kengal Hanumanthaiah Law College, Hubballi, had approached the court contending that the law university acted in a "high-handed" manner, made him sign blank papers, and did not follow their own ordinance. On the other hand, the law university argued that the petitioner himself accepted the allegations and acknowledged that micro xerox material was available with him.

The court remitted the matter back to the Malpractices Committee for fresh consideration in accordance with the ordinance. The student is also permitted to take up the ongoing examination, and if he is exonerated, his results must be declared, the court said.