Mumbai: Refusing to revoke the MBBS admission of a doctor though it was obtained under the OBC-Non-Creamy Layer Certificate based on false information, the Bombay High Court has observed that cancelling her admission would cause loss to the nation when the petitioner has qualified as a doctor.
“The Petitioner has completed the course of MBBS and therefore, it would not be proper at this stage to withdraw the qualification obtained by the Petitioner moreso when the Petitioner 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,” a bench headed by Justice AS Chandurkar said.
The bench, however, cancelled the Non-Creamy Layer Certificate (NCL) and reclassified her admission to the Open Category, directing her to pay the difference in fees as well as a penalty of Rs. 50,000 for false representation.
“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,” the bench added.
The HC was hearing a petition filed by one Lubna Shoukat Mujawar challenging the cancellation of her admission to a MBBS course on grounds of an invalid NCL certificate.
Mujawar had enrolled in the MBBS course in Lokmanya Tilak Municipal Medical College and Hospital, Sion for the academic year 2012-13 under the OBC category, based on the OBC-NCL Certificate. Subsequently, an inquiry was initiated against all students admitted under the OBC category following a writ petition seeking scrutiny of such admissions.
The Enquiry Committee that probed Mujawar’s father found discrepancies in his statements regarding marital status and income. Following the enquiry report, the college authorities cancelled Mujawar’s Certificate on October 8, 2013, leading to cancellation of her admission on February 1, 2014.
Hence, she approached the HC. The court had granted her interim relief and allowed her to continue her MBBS course. However, the court restricted her from receiving OBC category benefits. Meanwhile, she completed the MBBS course, internship, and Diploma Course in Obstetrics and Gynecology.
