It is a long wait for the 634 medical students caught in the web of the Vyapam scam awaiting a verdict on their fate from the Supreme Court. After a two-judge Bench gave a split verdict on handing over MBBS degrees to the "guilty" students, a three-judge bench tasked to resolve this difference has requested the earlier Bench to clarify whether the entire matter should be heard afresh.
The Vyapam scam broke out in 2013 and on further examination by the Special Task Force entrusted with Vyapam illegalities, discrepancies were noted in the past examinations conducted between 2008 and 2012, to which the affected students belonged.
The order by a bench of Justices JS Khehar, Kurian Joseph and Arun Mishra came after the case was argued for days together with no clarity on what the two judges intended to refer. While referring the matter back to Justices J Chelameswar and Abhay Manohar Sapre, the 3-judge bench said, "We are of the view that the instant issue can be resolved by referring the matter back to the division bench who would clarify whether the joint order dated May 12, 2016 pertained to a reference requiring rehearing of the entire matter or if not the limited issue for reconsideration."
The difficulty arose after senior lawyer Shyam Divan, appearing for some of the affected students, argued that the Court should rehear the appeal and appreciate the facts afresh as in view of the divergence of opinion by the two judges, no judgment has been rendered. But on the reading of the two separate judgments given by the judges, the reference bench was of the view that both judges held a unanimous view on cancelling the admission of 634 students as decided by the Vyapam Board. It was only with regard to ensuring complete justice under Article 142, both the judges differed.
While one judge knocked out the appeals giving no relief to the affected students, the other judge formed the view that the knowledge gained by the students in the five years of study should not go waste. Subsequently, the judge required the students to serve in the medical service of the Indian Army for five years to repay to the society and after doing so, they will be entitled to get their medical degrees.