HC relief to Doctor who took MBBS admission based on false information, says withdrawal of qualification would be national loss
Mumbai: Observing that cancellation of admission would cause loss to the nation, the Bombay High Court recently refused to revoke MBBS admission of a doctor, who obtained admission under the OBC-Non-Creamy Layer Certificate based on false information.
The bench noted that the petitioner had completed the MBBS course; therefore, it would be improper at this stage to withdraw the qualification obtained by the Petitioner when she has qualified as a Doctor.
"In our country, where the ratio of the Doctors to the population is very low, any action to withdraw the qualification obtained by the Petitioner would be a national loss since the citizens of this country would be deprived of one Doctor. However, as observed by us above, the means of obtaining the admission was unfair and has deprived another eligible candidate," the HC bench comprising Justices A.S.Chandurkar and Jitendra Jain.
However, the division bench cancelled her Non-Creamy Layer Certificate, reclassifying her admission to the Open Category. The court also ordered the student to pay the difference in fees along with a penalty of Rs 50,000 for submitting false information.
The bench ordered, "The admission of the Petitioner in Respondent No.4- College right from year 2012 till completion of the MBBS course would be considered in the “Open Category” and the Petitioner shall pay difference in the fees which an Open Category Candidate was required to pay for the entire course. The said difference in fees shall be deposited by the Petitioner with Respondent No.4- College within a period of 12 weeks from the date of uploading the order."
It further mentioned, "The Petitioner is also directed to pay cost of Rs.50,000/- to Respondent No.4-Hospital within a period of 12 weeks from the date of uploading the order."
The petitioner challenged cancellation of her MBBS admission on the grounds of an invalid Non-Creamy layer Certificate. She got enrolled in the MBBS course in Lokmanya Tilak Municipal Medical College and Hospital, Sion in the academic year 2012-2013 under the OBC category, based on the OBC-NCL certificate.
Meanwhile based on a plea by one of the aspiring MBBS students, an inquiry was conducted against all the students who had obtained MBBS admission based on such certificates.
Accordingly, the present petitioner student's father, who had obtained the said Certificate was also called for a hearing by the Enquiry Committee in April and October 2013. The committee concluded that the petitioner's father had misrepresented to the Authorities while applying for the said Certificate.
The committee found discrepancies in his statements regarding his marital status and income. Despite giving divorce to his wife in 2008, the petitioner's father stated that he loved with his wife for the betterment of the children. The committee also noted that he misrepresented his wife's employment status, claiming that she was unemployed when in reality, she was working with the Corporation. Therefore, the panel concluded that the petitioner's father had obtained the said certificate by giving false information.
Based on the inquiry report and the cancellation of the NCL certificate, the college cancelled the petitioner's MBBS admission. Challenging this, the petitioner approached the High Court bench.
During the course of the proceedings, the court on 11th February 2014 granted interim relief to the petitioner by staying the operation of the communication dated 1st February 2014, issued by the college cancelling the admission and further permitting the petitioner to continue with her MBBS course. However, through an order dated 5th April 2019, the court restricted her from receiving OBC category benefits.
The petitioner submitted before the Court that she had completed her MBBS course, internship, and Diploma Course in Obstetrics and Gynecology. She also contended that her father's misrepresentation was because of his belief that the said divorce exempted his wife's income from consideration.
She also submitted that if her father's income was considered then the Certificate had been correctly issued as per the Government Resolution dated 14th October 2009, wherein he upper limit of annual income prescribed for obtaining the said Certificate was Rs.4,50,000/-, which was more than what her father was earning.
Therefore, arguing that there was no false information given by her father, the petitioner contended that the action of the authorities cancelling the Certificate and her admission was illegal and bad in law.
While considering her plea, the Court noted that the petitioner's father in his application dated 25th June 2012 for obtaining NCL Certificate had stated that his wife was a housewife and her income was Nil.
"This statement is found to be incorrect since his wife was working with the Corporation as stated by the petitioner as Class-III employee. Therefore, the statement made in the application is found to be incorrect. The reason why the Petitioner’s father had given the wrong information would be to avoid being hit by the upper limit of the income which was Rs.4,50,000/- as per Government Resolution 2013 for obtaining the certificate. If the income of the wife would have been given then the total income of the family would have exceeded Rs.4,50,000/- since the Petitioner in the said application has stated that his is income was Rs.4,37,815/- for the financial year 2011-12. It is for this purpose that the Petitioner’s father, to circumvent the upper limit specified by Government Resolution had made a false statement," the bench observed at this outset.
The Court pointed out that the Government Resolution and the Office Memorandum providing for an upper-income limit for determining the Non-Creamy Layer Certificate did not state that the income of only one of the parents should be considered.
Therefore, the Court opined that if the total income of both the parents are considered together, then in the absence of any income proof being shown of the mother of the Petitioner although she was employed, an adverse inference would be taken. The court noted, "Therefore, the contention of the Petitioner that even if the income of both the parents is considered, the income of Rs.4,50,000/- would be considered is to be rejected moreso when there was no material on record to show that the Petitioner’s mother was Class-III employee."
Further referring to the petitioner's father's claim of divorcing his wife in 2008 and the fact that they were staying together, the High Court observed, "In our view, this is selfcontradictory and an afterthought and therefore, the Enquiry Committee was justified in rejecting such a contention."
So, the Court observed that the NCL Certificate application was based on false information, warranting its cancellation. It observed, "If the medical profession is based on a foundation of false information then certainly it would be a blot on the noble profession. In our view, for that matter the foundation of any student should not be built on the basis of the false information and suppression of the fact."
However, the Court also observed that the petitioner had completed her MBBS course under the interim court orders from February 2014 onwards. Denying to cancel her admission, the bench directed the college to confer her degree reclassifying her admission as "Open Category".
It observed, "We are conscious of high competition in admission to medical course and we are also conscious about high expenses to be incurred to enrol for the said course under the Open Category. However, that would not justify that the student should obtain the unfair means nor would it justify the action of the parents to be a part of the unfair means for getting the admission under the OBC Category."
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/bombay-hc-order-237982.pdf
