Madras HC slams MBBS Student for claiming Dual Nativity, Directs College, Centre to take action

Chennai: Observing that an MBBS aspirant secured admission to JIPMER Puducherry with a false declaration submitting that he had not claimed the benefit of residence in any other State, the Madras High Court recently slammed the aspirant.

The Court noted that the concerned student had availed the benefits of 'dual nativity' - both as a native of Puducherry and Kerala. Taking note of this, the HC bench of Justice CV Karthikeyan opined that in this way, the concerned candidate had denied an opportunity to another eligible candidate who would have applied only under one State.

Opining that such an act had to be considered seriously, the bench observed, "It is clear that the fifth respondent had applied for a medical seat both in Puducherry and in Kerala. He should not have done that… I will have to take a serious view on this aspect and therefore, I would necessarily have to issue a Mandamus that the fifth respondent had obtained a seat in JIPMER, Puducherry surreptitiously and on the basis of a false declaration."

In this regard, the bench further clarified that it cannot cancel the seat of the student and therefore, it issued directions to the college and the authorities for taking necessary action.

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The court took note of the matter when an MBBS aspirant who had participated in the JIPMER examination for the academic year 2022-2023 and had also applied for the Puducherry General Category approached the Court.

As per the latest media report by Live Law, instead of the Puducherry campus, the concerned student was allotted a seat at the JIPMER Puducherry Internal Karaikal Campus. After inquiring about it, the petitioner student got to know that the candidates who had claimed residence in other states and had applied for admission, had been allotted seats in the Puducherry internal quota.

It was contended by the petitioner student that even previously, the courts had slammed persons claiming the benefit of residency in more than one state and had issued directions to the institutes for obtaining an undertaking from the students specifying that they have not opted and claimed the benefit of residency in any other State of Union territory.

The petitioner student claimed that the respondent student had availed the benefit of residence in Kerala for the purpose of KEAM 2022 and also in Puducherry. In this regard, the respondent student had submitted a false undertaking and had gone against the directions of the Court.

On the other hand, the respondent student submitted that after appearing in the NEET UG MBBS examination 2022, he had secured 621 marks out of 720.

Taking note of the issue, the HC bench slammed the concerned student for availing dual nativity with a false undertaking. At this outset, the Court added that it was not for the court for advising a public servant on how to perform their duty.

However, the court also noted that due to careless attitude of the respondent college, a student belonging to Puducherry was denied admission while another student claiming dual nativity had got the seat.

Noting that the court cannot cancel the seat of the student, the HC bench further observed that it was for the college and the authorities to take necessary action against the student.

"A student, a native of Puducherry had been denied medical education only owing to the careless attitude of the respondents herein. This Court cannot cancel the seat of the said student but can direct the respondents to take necessary action on the basis of the declaration that the fifth respondent had obtained a seat through a false declaration. To that extent, a Mandamus is issued," ordered the HC bench.

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