The Bombay High Court upheld a doctor’s MBBS degree, despite the fact that she was admitted to the course under the Other Backward Classes (OBC) category by using unfair means.
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Maharashtra: The Bombay High Court deliberated on a compelling case involving the cancellation of an MBBS admission due to discrepancies in the procurement of an OBC (Other Backward Classes) certificate. This article aims to provide an elaborate discussion on the Court’s decision to uphold the degree, weaving through the intricate legal and ethical nuances that defined the case.
The crux of the matter lies in the petitioner’s admission to the MBBS course at Lokmanya Tilak Municipal Medical College and Hospital in Sion for the academic year 2012-13. The admission was initially granted under the OBC category, which was later thrown into contention.
A Bench of Justices AS Chandurkar and Jitendra Jain said,
“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. However, as observed by us above, the means of obtaining the admission was unfair and has deprived another eligible candidate.”
The issue surfaced when a writ petition challenging the authenticity of OBC admissions prompted a thorough investigation. It was revealed during the scrutiny that the petitioner’s father had acquired the non-creamy layer OBC certificate by providing false information.
Specifically, discrepancies concerning his marital status and salary were uncovered by the Enquiry Committee, leading to a decision to revoke the certificate in 2013. Consequently, this revocation brought about the cancellation of the petitioner’s MBBS course admission.
“Looked from any angle, there can be no doubt that the basis of cancelling the certificate and the admission is justified since the same was based on false, incorrect and suppression of information. Therefore, the Petitioner’s prayer to quash the communication dated 8th October 2013 is to be rejected,”
–the Court noted.
However, taking note that since the interim order of 2014, the petitioner has successfully completed her MBBS course, the Court found it appropriate to not to withdraw her qualification.
Faced with the potential derailment of her medical career, the petitioner challenged the revocation in the High Court. In a pivotal 2014 interim order, the Court allowed her to continue her studies pending the outcome of the case. This interim relief underscored the complex interplay between educational rights and the integrity of administrative processes.
This case highlights a critical juncture in the judicial oversight of educational qualifications and caste-based reservations in India. It raises pertinent questions about the balance between individual rights and the collective responsibility to ensure fairness in competitive educational environments.
The Bombay High Court’s decision to uphold the MBBS degree despite the false information used to obtain the OBC certificate marks a significant moment in legal jurisprudence. It underscores the judiciary’s role in protecting the educational trajectory of students amidst the procedural and ethical complexities that may arise.
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