Admission to MBBS course – Non-creamy layer Certificate obtained on false and suppression of information and true facts.
In 2012-2013, the petitioner was given admission in Respondent No.4 Lokmanya Tilak Municipal Medical College and Hospital, Sion, Mumbai, against OBC Category and Non-Creamy Layer Certificate.
Pursuant to the orders passed by the High Court, inquiry was conducted against all the students who had obtained admission to MBBS course on the basis of such Non-creamy layer certificate from OBC category.
In the inquiry, it was found that on one hand, the father of the petitioner had stated that he has given Talaq on 9.10.2008 to his wife, the income of his wife not shown in the application for NCL Certificate and at the same time, stated in his statement that he used to stay with his wife for betterment of children.
The Enquiry Committee doubted the documents on the basis of which Talaq was granted. It was, therefore, held that the petitioner’s father had falsely obtained NCL certificate.
On the basis of said inquiry report, the admission of the petitioner was cancelled in 2013. However, on 11.2.2014, interim stay to the cancellation was granted in the writ petition. Pending the writ petition, the petitioner had completed MBBS course.
HELD that the father of the petitioner in his application for Non-creamy Layer Certificate stated that his wife is housewife and income is nil. The statement was incorrect since his wife was working as Class III with the Corporation. Thus, the father made false statement to circumvent upper income limit for NCL Certificate. Moreover, in the inquiry, the father of the petitioner MBBS student stated that he had given Talaq to his wife on 9.10.2008. Thus, in either case, the application was based on false information.
There can be no doubt that the basis for cancelling the NCL certificate and admission is justified since it was based on false and suppression of information.
However, since the petitioner had completed MBBS course, it would not be proper at this stage to withdraw the qualification. In our country where the ratio of the Doctors to the population is very low, any action to withdraw qualification obtained by the Petitioner would be a national loss. However, the means of obtaining admission was unfair and deprived another eligible candidate.
We are conscious of the high competition in admission to medical course and are also conscious about high expenses to be incurred to enroll for the said course from open category. However, that would not justify that the student should obtain unfair means nor would it justify the action of the parents to be a part of the unfair means of getting the admission in OBC category.
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 a student should not be built on the basis of false information and suppression of the fact.
Therefore, the admission of the petitioner was protected and treated from open category to pay difference in fees and also pay cost of Rs.50,000 to the respondent No.4 College.
Judgment dated 9.5.2024 in Writ Petition No.132 of 2017 of Miss Lubna Shoukat Mujawar Vs. State of Maharashtra and others with connected matters
