Supreme Court regularises MBBS degree of doctor, imposes Rs 5 lakh compensation on father over invalid caste claim

New Delhi: Granting relief to an MBBS doctor, who secured her UG seat under the Scheduled Tribe Category by an invalid caste certificate, the Supreme Court has regularised her MBBS admission.

The student completed her MBBS degree under the ST quota and secured admission in a postgraduate course under the general category. After this, her caste certificate was declared invalid.

Balancing equity with law, the Apex Court bench comprising Justices JB Pardiwala and KV Vishwanathan permitted the student to continue her academic journey but directed the student's father to pay Rs five lakh as compensation, observing that "one eligible meritorious candidate from the Scheduled Tribe category lost the opportunity to pursue the MBBS course."

Earlier, the Bombay High Court bench, back in 2023, had denied granting any relief to the concerned medical student. However, when the matter came up for consideration before the Supreme Court bench, it observed, "The facts of this case are quite gross but we need to balance the equities in the wake of few mitigating circumstances which have come on record."

While the medical student was still a minor, a caste certificate was issued in her favour certifying she belonged to "Mannervarlu" Scheduled Tribe listed at Sl. no. 27 of the Presidential Order, 1976.

Desirous of pursuing the MBBS course, the student approached the Scrutiny Committee for verification of her caste certificate through her father. Unfortunately, the Scrutiny Committee was unable to undertake the necessary inquiry expeditiously as regards the claim of the appellant that she belonged to the Scheduled Tribe category.

She was admitted to the MBBS course on 24.07.2016 based on her caste certificate and successfully completed her MBBS in 2021, and started undergoing internship. All throughout the MBBS course, she performed well, and her performance in the 12th standard examination was also very good.

Meanwhile, the Verification Committee passed an order on 07.07.2022 stating that she did not belong to the "Mannervarlu" falling within Scheduled Tribe. However, by the time, the Scrutiny Committee passed the order, the student had cleared her MBBS and had also secured admission in PG course, but in the general category.

As the Scrutiny Committee declared her to be not falling within the Scheduled Tribe, the appellant questioned the order by filing a writ petition before the High Court. In its order dated July 24, 2003, the Bombay HC declined any relief to the girl noting that she had suppressed material facys about the invalidation of caste certificates of her father and uncle in 1989 and 1991, respectively. Further, the HC bench held that the girl's father had resorted to fraud while obtaining the validity certificate in 2007.

In such circumstances, the student filed the appeal before the Supreme Court, which held that the High Court had not committed any error in passing the order.

"At the outset, we may say that the High Court committed no error, much less any error of law, in passing the impugned judgment and order. In fact, the High Court has rightly come down very heavily on the father of the appellant," observed the top court bench.

"The High Court also very correctly took notice of the fact that the earlier invalidation of the tribe claim suffered by the father and uncle of the appellant herein respectively in the year 1989 came to be affirmed by the appellate authority in the year 1991 and this fact was suppressed while obtaining a validity certificate for the appellant from a different committee," further noted the Court.

However, the Apex Court termed the situation as "precarious", noting that dismissing the appeal would end the student's entire career.

"The matter presents before us a precarious situation. Here is a case where the appellant a meritorious student otherwise, has completed her MBBS course and is now pursuing her PG Course. If we dismiss this appeal, that will be the end of her entire career," observed the Supreme Court.

"We are conscious of the fact that equity should follow the law. However, in the peculiar facts and circumstances of this case, we thought fit to grant one opportunity to the appellant keeping only one thing in mind, i.e., her career and her life. One and all are responsible for this and we hold the father of the appellant more responsible for creating this imbroglio," it further noted, adding that "The suppression of material facts, at the end of the father, ultimately put his own daughter in difficulty."

Meanwhile, the student's father gave an undertaking and based on this, the Caste Validity Certificate granted to him by the Caste Scrutiny Committee on 31st January, 2007 was cancelled. Even the petitioner made a statement that she will not claim any benefit of the said Caste.

The Court noted that the student secured admission in the PG course in the general category and academic career also appeared to be quite good. Accordingly, granting relief to her, the Apex Court bench observed,

"Having regard to the fact that the father has filed an undertaking that his daughter will never seek any benefit on the ground that she belongs to Scheduled Tribe and the father has also given an undertaking that no one in the family would seek any benefit of being members of the Scheduled Tribe, we regularise her admission in the MBBS Course."

"By order dated 28.11.2023, the University was also directed to issue a Degree Certificate to the appellant herein. The Degree Certificate issued shall be final," ordered the top court bench.

However, noting that one eligible meritorious candidate from the Scheduled Tribe category lost the opportunity to pursue the MBBS course, the Court held that the father of the appellant must compensate in terms of money.

Accordingly, it directed the appellant's father to deposit Rs 5 lakh with the National Defence Fund within two months. "Post this matter once again, after two months to report compliance of our directions to deposit the amount of Rs.5,00,000/- (Rupees Five lakh only)," the Court ordered.

The Court also slammed the Committee in charge of verification and observed,

"Had the Committee undertaken the necessary verification expeditiously and would have declared that the appellant does not fall within the Scheduled Tribe then probably nothing further would have occurred in the matter."

"In view of the aforesaid, we partly allow the appeal in the terms indicated hereinabove. Our present order, needless to say, will supersede the High Court Order. The net result is the appellant will not claim the status of “Mannervarlu” Scheduled Tribe ever in future. However, only her MBBS admission is regularised. On all other aspects, the High Court judgment is confirmed," it clarified.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-fake-caste-certificate-299964.pdf

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