LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Doctors Who Obtained Mbbs Admission On False Obc Certificate Allowed To Retain Admission By The Bombay High Court

Esha Goyal ,
  23 May 2024       Share Bookmark

Court :
The High Court of Bombay
Brief :

Citation :
Writ Petition No.132 Of 2017

Case title:

Miss. Lubna Shoukat Mujawar Vs. State of Maharashtra and others. 

Date of Order:

9th MAY 2024

Bench:

Division Judge Bench led by

1.    Hon’ble Justice A. S. Chandurkar, 

2.    Hon’ble Justice Jitendra Jain, 

Parties:

Petitioner:- Miss. Lubna Shoukat Mujawar 

Respondents:- 1. State of Maharashtra, Through its Department of Medical                         

                          2.Director of Medical Education.

                          3. The Collector,

                          4. Lokmanya Tilak Municipal Medical College and Hospital, Sion

                           5. Maharashtra University of Health Sciences

SUBJECT

The writ petition was instituted by the Medical Student who was enrolled in holding a reservation seat. The allegations were imposed based on holding the reserved seat by misrepresentation. The case summarises the consideration of her Admission after completing her Diploma Degree.

IMPORTANT PROVISIONS

THE CONSTITUTION OF INDIA

Article 226: The High Court has been empowered to issue writ petitions within its limit of territorial jurisdiction to any person, body or even state authorities for the enforcement of fundamental rights guaranteed in Part III of the constitution. 

OVERVIEW

  • The writ petitioner got a Medical seat preserved for a reservation category under the head of Other Backward Classes based on false certification. 
  • The status of the certificate was discovered by the enquiry committee of the university while checking the status of admission holding the Non-Creamy Layer certificate. 
  • The enquiry was held in which it was discovered that the petitioner's father had obtained the certificate on misrepresentation concluding that her admission was cancelled.
  •  The issue for fake certification did not include the income of the petitioner’s mother who continued to stay with them even after the divorce. 
  • The petition was hence instituted in the inclusion of interim relief to continue her degree to date withholding the reservation privilege. 
  • The writ petition remains to conclude for which request to take a matter on board was put forth. 

ISSUES RAISED

  1. Whether the Non-Creamy Certificate hold validity in this case?
  2.  Whether the Admission status of the petitioner is nullified?
  3. ARGUMENTS ADVANCED BY THE PETITIONER 
  • The petitioner held a Medical degree encompassing all the requirements of the university. Moreover, she has now completed her Diploma Course.
  • The reason behind the exclusion of the mother’s income was justified by divorce stating that the parents continued to stay together for the betterment of the child and the income status of the father adheres to the regulations. 
  • It was concluded in the submission that the cancellation of the admission would be illegal and bad in law. 

ARGUMENTS ADVANCED BY THE RESPONDENT

  • The counsel representing the respondent side contented that the false representation has been maintained by the petitioner by faking the income and marital status of the parents. 
  • The admission given to the petitioner is based on false representation and approving the same would be bad in law. 
  • The post and the income status of the mother have not been disclosed. 
  • It was contented the leniency shall not be acknowledged just based on the interim order.  

JUDGEMENT ANALYSIS

The Hon’ble High Court of Bombay considering the given issues had its views which stated as follows

ISSUE 1

  • The income of the mother was shown Nil wherein it was discovered that she holds Class III post a Coorporation. The intent behind such was to not hit the slab decided by the government resolution which could have withheld the petitioner from enjoying such privilege. 
  • The genuineness of the divorce was questioned as the mother was staying together on the pretext of the betterment of the child. The findings of the enquiry committee were taken into consideration.
  • The government resolution specifies the consideration of both parents. 
  • And because the certificate was obtained on false, incorrect and suppression of information, the certificate loses its validity. 

ISSUE 2 

  • The validity of the admission status was retained on analysis of the healthcare facilities of the state. 
  • The fact that the petitioner had completed her Graduation and Diploma courses in Medicine makes her a qualified practitioner and rejecting the admission would result in the scarcity of the doctors which are needed by the state.
  •  The competition in the Medical field was recognised but the approach of holding the seat was condemned.
  • Recognising the interest of the state and penalised for misrepresentation, the petitioner was directed to compensate the entire course fees charged to the Ordinary Category along with other costs to the petitioner. 

CONCLUSION

The case is a reflection of the atrocities faced by the students for taking in the admission to the Medical field compelling them to opt for a route of misrepresenting their status for acquiring a Medical field. Cognizance of The Nation' wealth is its citizen's Health was prioritised by The Bombay High Court which was the only reason why the admission was retained despite misrepresentation. Balancing the healthcare necessity while establishing justice was delivered in the pronouncement not to forget that The Hon’ble Court did not support the act and penalised the offenders with cost. The case presents the broader picture to the state authorities to ponder upon the educational pursuit to ensure that the medicinal arena of the state strongly combats the situation when the citizens are in dire need. 

 
"Loved reading this piece by Esha Goyal?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"



Published in Others
Views : 363




Comments