The recent order of the Bombay High Court refusing to revoke the MBBS admission of a doctor though it was obtained under the OBC-non-creamy layer (NCL) certificate based on false information has shocked the lawyers who felt that this was akin to allowing illegality to perpetuate.
Not only was the illegality allowed to be continued, but a deserving person was also deprived of a seat in the MBBS course, was the opinion echoed by legal experts.
A high court bench of Justices AS Chandurkar and Jitendra Jain, on May 9, allowed a petition by Lubna Shoukat Mujawar challenging the cancellation of her admission in 2014 by Lokmanya Tilak Municipal Medical College and Hospital at Sion. She had enrolled in the MBBS course for the academic year 2012-13 under the OBC category, based on the OBC-NCL certificate.
The enquiry committee that probed Mujawar’s father found discrepancies in his statements regarding marital status and income. Based on the enquiry report, the college authorities cancelled Mujawar’s certificate on October 8, 2013, leading to cancellation of her admission on February 1, this year. She approached the HC, which in 2014, granted her interim relief and allowed her to pursue her MBBS course pending a hearing in her plea.
In the last decade, Mujawar completed her MBBS course, internship, and diploma course in obstetrics and gynaecology.
The court, while allowing her to retain her degree, observed that cancelling her admission would cause loss to the nation 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,” the HC had said.
The judges, however, cancelled the NCL certificate 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.
Advocate Siddh Vidya said that this was not only a case of justice delayed, but also a case of justice denied. The case of of obtaining creamy layer certificate by giving false information
“Because of the delay in delivery of justice for 10 years a person who obtained an MBBS degree by making false representation to the authorities and obtained a certificate of creamy layer is benefited,” Vidya said.
The interim relief granted in 2014 allowed her to continue with her MBBS. By the time the petition came up for hearing after 10 years, she has already completed her course and is working as a doctor. “In this matter, justice is not only delayed but also denied and Mujawar has been benefited due to delay in judicial proceedings,” Vidya added.
Section 10 of the Maharashtra Caste Certificate Act, 2000, contemplates withdrawal of all the benefits, which include the degree also.
Advocate Uday Warunjikar said that if this order was challenged before the Supreme Court, it would be set aside. “This order virtually allows continuation of the illegality and appropriate steps should be taken to challenge the same,” Warunjikar said.
Hoping that remedial measures would be taken, the advocate added, “This order means losing an opportunity by a person who is having a valid caste certificate. Illegality should not be allowed to perpetuate.”
Former IPS officer turned lawyer YP Singh, however, said one cannot reverse her medical degree, which she acquired on passing the examination on merit. But she can be criminally prosecuted for providing false information. “It is not forgery, but providing false information. The criminal remedy remains open,” Singh said. The medical college would have to set the criminal law in motion.
Can she get away by providing false information? No. If prosecuted, the medical council can initiate disciplinary action, if required.
