No HC relief to doctor accused of forging PG Gynaecology Diploma to get Medical Council Registration

Ernakulam: Denying relief to a doctor, who was accused of forging a postgraduate Diploma in Gynaecology and obtaining medical council registration, the Kerala High Court rejected her plea for the grant of anticipatory bail.

The Senior Superintendent of the Directorate of Health Services, Thiruvananthapuram, complained to the police regarding the accused doctor's forged PG degree certificate. The doctor had also obtained registration from the Travancore Cochin Medical Council.

While addressing the question of whether the petitioner doctor deserved anticipatory bail, the HC bench referred to the "menace of corruption in the society, which would carve out and destroy the development of the nation and also destroy the genuine right of the citizens on the midst of corruption."

At this outset, the bench comprising Justice A. Badharudeen referred to the Supreme Court order in the case of State of Chattisgarh v. Aman Kumar Singh and observed, "...it is the duty of the court to ensure, in corruption cases in particular that, none of the corrupt person, should get liberal relief, so as to perpetuate corruption, taking such cases in a light manner."

The accused-doctor was accused of cheating and defrauding the Government and the public in general, by forging a PG degree. Later, based on the said forged certificate, she worked as a Junior Consultant (O&G) at both Cherthala Taluk Hospital and Karunagappally Headquarters Hospital from 2011 onwards.

After she was booked under Sections 417, 465, 468 and 471 of the Indian Penal Code and Sections 13(2) read with 13(1)(a) of the Prevention of Corruption Act, 1988, the doctor filed the plea before the HC bench seeking an anticipatory bail.

As per the doctor, she passed her MBBS degree in 2003 from Medical College, Kozhikode and enrolled in PG Diploma Course in Obstetrics and Gynecology in Maharashtra University of Health Sciences (MUHS).

It was contended by the doctor that she was unaware of the fact that her PG certificates were forged, as her husband, who is working as a Surgeon at District Hospital Kollam, had informed her that she had passed the exam and allegedly he had obtained the alleged bogus certificate from the University.

Therefore, the doctor's counsel contended that the petitioner's husband entrusted the forged certificate to the petitioner, making her believe that the same was genuine and later, when the marital relationship between the petitioner and her husband became strained, the husband filed a fake complaint alleging forgery ofthe certificate.

The accused doctor submitted that it was only after registration of this case, that she came to know about the fact that she had not passed the exam and thereafter she appeared for the exam and passed the same and she was issued a certificate for the same.

Meanwhile, the Public Prosecutor submitted that a complaint was made against the doctor by a couple who tragically lost their infant to neonatal death during childbirth, allegedly due to medical negligence by the accused doctor.

Opposing the grant of bail to the petitioner doctor, the Public Prosecutor pointed out that the arrest and custodial interrogation of the petitioner were necessary. It was further submitted that the petitioner with deliberate intention to deceive both the public and Government, aiming to secure a position in the Specialty Cadre and to get unlawful gain, forged and used PG Diploma Certificate in Obstetrics and Gynecology from the Maharashtra University of Health Sciences.

While considering the matter, the HC bench referred to the petitioner's submission that she was unaware of the creation of a a forged PG Diploma certificate in her name. Refusing to agree with this contention, the bench observed,

"But, this submission could not be accepted with pinch of salt. That is to say, every person, who writes an examination, having anxiety to know the result of the same, would ensure the result, either in positive or in the negative. If so, the petitioner, who checked the result, should have knowledge that she failed in the examination. Despite knowing the result that the petitioner did not pass the examination, she somehow forged certificate to the effect that she had passed PG Diploma Course in Obstetrics and Gynecology from Maharashtra University of Health Sciences and the same was used as genuine and thereafter, the petitioner worked in two Government Hospitals to treat poor people."

In this regard, the bench also noted that a letter was sent by the petitioner/accused to the college dean on 02.09.2010 requesting to return the certificates submitted at the time of her admission and stating that she would not appear for the examination again. "This indicates that the accused was aware on 2 September 2010 itself that she had not passed the diploma examination," observed the Court.

"Thus, the allegation against the petitioner, if analyzed, it could be gathered that, the petitioner was aware of the fact that she did not pass the PG Diploma Examination and she is not qualified to work as Junior Consultant in the department of Obstetrics and Gynecology, knowing fully well that by using forged certificate she worked and treated many patients and as reported by the Investigating Officer, a complaint was raised by Mr.***and his wife ***, alleging that their child was subjected to infanticide due to the incompetency of the petitioner and they also raised serious concerns about the gynecology qualifications of the petitioner," held the HC bench.

Therefore, the bench opined that the arrest and custodial interrogation of the accused-doctor were necessary to obtain the requisite evidence and also to avoid tampering of digital evidence relied upon by the prosecution.

Denying to grant anticipatory bail, the bench observed, "In such view of the matter, the petitioner could not be released on anticipatory bail, in a serious case of this nature. Thus, the bail application would necessarily fail."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/kerala-hc-forged-pg-degree-296135.pdf

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