Frauds strike sanctity of exams, prejudice meritorious candidates: HC denies bail to medical gradudates in fake FMGE certificate case

Jaipur: Observing that such frauds undermine the integrity of competitive exams and unfairly harm genuine, meritorious candidates competing through lawful means, the Rajasthan High Court has refused to grant bail to two medical graduates accused of being involved in a fake Foreign Medical Graduate Examination (FMGE) certificate scam.

While stating that the court cannot remain oblivious to the increasing trend of preparing and using forged educational documents, marksheets, degree certificates and examination credentials for securing professional opportunities and employment, Justice Praveer Bhatnagar held,

"Such act committed by the accused represents possible chinks in the faith of people in public administration and the executive. It not only strike at the root of the sanctity and credibility of competitive examinations but also seriously prejudice the rights of genuine and meritorious candidates competing through lawful means."

Case Background

The case is related to the allegation that despite failing multiple attempts in the FMGE examination, accused medical graduate entered into a criminal conspiracy with co-accused and others to procure a fake FMGE roll number for about Rs 6 lakh, which later formed part of an overall illegal arrangement reportedly worth Rs 16 lakh, including Rs 3 lakh paid in advance.

It has been alleged that a forged FMGE screening test pass certificate was subsequently prepared and used by the graduate to obtain internship counselling through the Rajasthan Medical Council (RMC), on the basis of which he also completed an internship using forged and fabricated documents.

The chargesheet further states that he first contacted the accused to arrange the forged certificate allegedly prepared through another, following which they allegedly involved one more for financial arrangements and facilitation of RMC registration.

Appearing for the petitioners, advocate Jitendra Pandey contended that owing to matrimonial and personal disputes between the family of petitioner medical graduate and the complainant, the present First Information Report (FIR) has been lodged with an oblique motive to settle personal scores. It was further submitted that the petitioners had pursued their Bachelor of Medicine and Bachelor of Surgery (MBBS) course from Georgia and had appeared for the FMGE earlier, but they did not know the alleged forged nature of the FMGE result and certificate.

However, the public prosecutor Shree Ram Dhakar opposed the bail pleas, submitting that despite failing FMGE, the accused persons, in collusion with the co-accused, secured forged certificates and a fake roll number through payment of huge monetary consideration.

Dhakar further submitted that the National Board of Examinations in Medical Sciences (NBEMS), while verifying the documents, found out that the roll number belonged to another candidate. Therefore, the forged certificate was subsequently used for obtaining internship counselling through the RMC

He also submitted before the Rajasthan High Court that offences of the present nature have serious societal ramifications as they undermine the sanctity and credibility of competitive examinations and professional regulatory systems.

Court's Observation

After hearing both sides, the court held that offences involving the fabrication of examination-related documents and fraudulent procurement of professional credentials have far-reaching consequences on public confidence in institutional and regulatory systems.

The Bench highlighted the stark reality that India has far more takers of government jobs than there are jobs available and stressed the need for strict rules to conduct a fair recruitment process. 

"In India, the reality is that there are far more takers of Government jobs than there are jobs available. Be that as it may, each job which has a clearly delineated entry process, with prescribed examination and/or interview process, has only to be filled in accordance with it. Absolute scrupulousness in the process being followed instils and further rejuvenates the faith of the public in the fact that those who are truly deserving of the positions are the ones who have deservedly been installed to such positions," the bench in an order as per Indian Express media report. 

The high court observed that the proliferation of forged educational documents strikes at the very root of competitive examinations, heavily prejudicing genuine and meritorious candidates. 

Stating that an acts of forgery compromise the sanctity of the examination process, the court said, "Since surely there must have been thousands of people who appeared for the exam, and the respondent-accused persons, for their own benefit, tried to compromise the sanctity of the exam, possibly affecting so many of those who would have put in earnest effort to appear in the exam in the hopes of securing a job, we concur with the view of the Trial Court that they are not entitled to the benefit of bail."

It reiterated that every accused person enjoys a presumption of innocence until the charges are proved beyond a reasonable doubt and that the accused persons must stand trial so that the allegations may be tested in accordance with the law.

However, considering the gravity and nature of the allegations and the larger societal impact of such organised fraudulent activities, the Rajasthan High Court declined to grant bail to the accused persons.

Also read- 2 arrested in Fake FMGE certificate scam for medical council internships, 73 more under scanner