JUDGMENT M. Katju and S. L. Sataf, JJ.
1. Heard counsel for the petitioner and learned Standing Counsel.
2. This petition has been filed against the Anti-copying Ordinance recently promulgated by the U. P. Government on 18.3.1998. true copy of which is Annexure-1 to the petition. We find no merit in this petition. It is well-known that for last 10-15 years or more, mass copying in examinations in educational institutions has been taking place in Uttar Pradesh on a mass scale. Very often even principals and teachers have been collaborating in this malpractice, and because of this malpractice, academic standards have steadily gone down. This is a highly objectionable State of affairs because of which good students who work hard have to suffer because the cheats often get more marks by copying. We feel that the step taken by the State Government by promulgating the impugned Ordinance is a commendable and is good for the people of Uttar Pradesh as such Ordinance is necessary for the progress of the State and of the Nation. In our opinion, unless there are high academic standards, no nation or society can progress. Moreover, the certificate or degree awarded to a student should reflect the knowledge which he has acquired, and this is certainly not possible if there is cheating in examinations. Hence the steps taken by the State Government in this connection are to be appreciated as the Ordinance is in the interest of the people and society. We do not find any unconstitutionailty in the Impugned Ordinance.
3. Since this malpractice of copying in examinations has been going on in U. P. for several years, obviously some people are upset as they think that it is their fundamental right to copy. The authorities should not bother about such misguided persons. This malady has become chronic, and hence strong remedial measures are required to root it out. Now the time has come that this malpractice must be stopped as it is an abuse of the examination process. Such an Anti-copying Law was long overdue. There is no force in this petition and it is dismissed.