AI Structured Summary
Not yet generated for this judgment
Judgment
S. V. Gangapurwala, J
The petitioner assails the communication dated 21st August 2019 thereby directing the petitioner to deposit Rs.10,93,200/-. The said communication is issued to the petitioner by the College on the ground that the petitioner has submitted forged validity certifcate of Scheduled Tribe while securing admission to MBBS course. The offce order was issued by the Director, Medical Education and Research, Mumbai on 17th July 2019 that the Maharashtra University of Health Science should submit the proposal for cancellation of the MBBS degree of the petitioner.
The facts relevant for deciding present lis are culled out as under :
(a) The petitioner was admitted in Seth G.S. Medical College, Parel, Mumbai for MBBS course from Scheduled Tribe category pursuant to the marks obtained in MH-CET examination for the academic year 2010-11. The petitioner had submitted validity certifcate of belonging to the Scheduled Tribe category.
(b) The petitioner completed his MBBS course in February 2015 and one year internship in April 2016. The petitioner, thereafter, appeared for the NEET-PG in the year 2017. Pursuant to the result of NEET-PG 2017 examination, the petitioner was admitted under open (General) category to the Post Graduation Diploma in the Ophthalmology discipline. In June 2019, the petitioner completed the Diploma in Ophthalmology. On or about 12th April 2019, the petitioner received a notice issued by the Directorate of Medical Education and Research stating that the Caste Validity Scrutiny Committee at Nandurbar by letter dated 12th February 2019 informed the Director of Medical Education and Research that Validity Certifcate relied by the petitioner while seeking admission to MBBS course in academic year 2010-11 was not issued by the said offce. Communication was also made to the Dean of Seth G.S.Medical College, Mumbai under offce order dated 17th July 2019 to the effect that the petitioner has submitted forged validity certifcate, the petitioner shall be imposed penalty of Rs.10 Lakhs and the proposal shall be submitted to the Maharashtra University of Health and Science, Nashik for cancellation of the MBBS degree of the petitioner. The petitioner assails the offce order dated 17th July 2019.
Mr. Thorat, learned Advocate for the petitioner strenuously contends that at the time the petitioner took admission to the MBBS course and validity certifcate issued in the name of the petitioner, the petitioner was minor. One Yasin Mirza came in contact with father of the petitioner, who after verifying the documents of petitioner’s father opined that petitioner’s father in fact belongs to Tadavi Caste covered by Scheduled Tribe. The said Yasin Mira, thereafter, impressed the petitioner’s father to claim MBBS seat under Scheduled Tribe reserved category. The learned Advocate submits that even otherwise considering the marks obtained by the petitioner i.e. 173 marks out of 200 in the MH-CET examination, the petitioner could have got admission from the open (General) category in a Government Medical College. The petitioner was ranked in open (General) category at Sr.No. 854 and Scheduled Tribe reserved category at Sr.No. 4. It is the contention of the learned Advocate for the petitioner that as the petitioner could have secured admission in the Government Medical college even from open (General) category in State quota, his admission ought to have been considered from open (General) category. Reliance is placed by the learned Advocate for the petitioner on Clause 2.4 of the Brochure for admission under MH-CET 2010. The petitioner would have deemed to have been admitted from open (General) category. The learned Counsel submits that even the candidate getting 172 marks in MH-CET is admitted from open (General) category in a Government Medical College, however in a different medical college than Seth G. S. Medical College, Mumbai. It is the fault of the respondent who has admitted the petitioner from Scheduled Tribe category.
The learned Counsel submits that even otherwise the petitioner had completed his education of MBBS along with internship in the year 2016. Thereafter, he was admitted on the basis of merit from open category for Post Graduation Diploma in Ophthalmology discipline. The same also he has completed. It was only in April 2019, the validity Certifcate of petitioner’s ST category was shown to have been cancelled. The learned Counsel submits that considering the facts of the present case, the judgment of Apex Court in Chairman and Managing Director, Food Corporation of India & Ors. v. Jagdish Balaram Bahira 2017 (8) SCC 670 would not apply. The learned Advocate relies upon the judgment of the Tripura High Court in a case of State of Tripura and Ors. v. Sri Sukanta Bhuiya & Anr. W.A.No.236 of 2019 dtd. 18th January 2021, confrmed by the Apex Court.
Ms. Kantharia, the learned Government Pleader strenuously opposed the contentions of the petitioner and submits that if the petitioner would not have sought admission from Scheduled Tribe category, the petitioner could not have got admission in Seth G. S. Medical College, Mumbai. He could have got admission in some college at Nagpur or other place from General category. The petitioner knowingly has given a false validity certifcate. Though the petitioner has completed MBBS course and Post Graduation Diploma in Ophthalmology, the said degree deserves to be taken away. Reliance is placed on the judgment of the Apex Court in Food Corporation of India (supra). The learned Government Pleader also relies on the order of Division Bench of this Court dated 4th January 2022 in Writ Petition No. 12706 of 2019, wherein the caste certifcate on the basis of which admission was obtained was forged document. The Division Bench refused to entertain the writ petition and rejected the writ petition.
The learned Government Pleader further submits that in the present case, FIR is already fled against the petitioner for submission of the forged validity certifcate and the criminal case is pending against the petitioner and his father also. The petitioner cannot claim equity on the basis of forged document. The only consequence of obtaining admission from reserved category on the basis of forged validity is cancellation of his admission and setting aside the degree obtained on the basis of such a forged validity certifcate.
We have considered the submissions of learned Advocate for the parties.
Upon perusal of factual matrix, it is clear that the petitioner sought admission from Scheduled Tribe reserve category on the basis of validity certifcate, which is eventually found to be forged validity certifcate. However, the same was in the year 2019. The petitioner had taken admission in the year 2010-11 on the basis of said validity certifcate. When the validity certifcate of the petitioner was cancelled, the petitioner had completed his Under Graduation Course i.e. MBBS along with internship so also his Post Graduation Diploma in Ophthalmology.
It is also clear that if the petitioner would not have relied upon the validity certifcate, still he could have got admission from the open (General) category in a Government Medical College, however not in respondent No.3 Medical College but the Government Medical College in other districts of State of Maharashtra.
Clause 2.4 of the Brochure governing the admission prescribes that reserve category candidate entitled to admission on the basis of merits in an open category seat will have the option of taking admission either on his/her reserved category seat or on open category seat. If he opted for reserved category, he will have to be deemed to have been admitted as open category candidate and not as a reserve category candidate. One seat in the college where he is eligible for admission on open seat shall be earmarked for a candidate belonging to the reserve category. Such earmarked seat will be made be available immediately to the successive reserve category candidate from the same category on merit during the counselling.
The perusal of the rule would make it abundantly clear that even if person opted for admission from the reserved category and the marks obtained in the qualifying examination is suffcient to admit him from open category, then his admission will have to be considered from open category and not a reserve category and one seat in college where he was eligible for open seat shall be earmarked for a candidate belonging to the reserve category. In that view, because of the admission of the petitioner, seat of Scheduled Tribe reserved category candidate cannot be said to be lost.
The Tripura High Court in case of State of Tripura & Ors. v. Sri Sukanta Bhuiya & Anr. (supra) in paragraph 10 observed that :
“10. The petitioner undoubtedly obtained admission in MBBS Course on the basis of false caste certifcate and thereby deprived a deserving student of the said community from obtaining admission. It would, therefore, be too tempting to cancel the very degree of MBBS that the petitioner obtained through such means. Whether the petitioner was responsible for misrepresentation or was his father primarily responsible not a matter of grave concern for us. However, adopting such course would have two serious consequences. Firstly, even the post graduation degree which the petitioner obtained as a general category candidate, would stand withdrawn and secondly, a person who has pursued his MBBSW and P.G. Courses, will not be able to practice the medical profession. This would result into serious loss to the nation as well. As is well known, in imparting education particularly in technical subjects in the Government educational institutions, taxpayers’ funds are diverted to subsidize the education and in creating huge infrastructure needed for the purpose of imparting higher education. Such efforts would completely go waste if the petitioner’s basic degree is withdrawn. A doctor duly trained in post graduation would not be allowed to practice. This would beneft no one, least of all the general interest of the country. We are, ther3efore, howsoever reluctantly, inclined to preserve the petitioner’s base degree. This, however, under any circumstances, could not have been done, as has been done by the learned Single Judge, without imposing some condition of payment of considerably heavy cost to the petitioner. The petitioner cannot walk away lightly laughing all the way after obtaining admission in a medical course on a reserved seat which admission he did not deserve to secure, simply by pointing out that he has by now completed the graduate and post graduate education.”
The said judgment of Tripura High Court is confrmed by the Supreme Court in Special Leave Petition © No. 7907 of 2021 dated 25th February 2022.
In light of the above, we do not fnd it a proper case wherein the degree is to be taken away.
At the same time, it is also prima facie clear that the forged validity certifcate was used for taking admission in the MBBS course from the reserved category. The FIR is also fled against the petitioner. The law will take its own course. If the petitioner is found guilty of obtaining the forged validity certifcate, certainly he will face the consequence in the criminal case. The present decision would in no way affect the criminal proceeding. The petitioner has been imposed penalty of Rs.10,93,100/-. We feel the same to be appropriate and proper. The petitioner certainly would not have been admitted at Mumbai. He would have been admitted outside Mumbai though in another Government Medical college. As such, the petitioner is liable to pay Rs.10,93,100/-. Though, in the present matter, we have not set aside the degrees that the petitioner has received upon completion of his MBBS course and his Post Graduation degree of Diploma in Ophthalmology. The petitioner shall pay Rs.10,93,100/- as demanded by respondent.
The writ petition is accordingly disposed of with aforesaid observations and directions. No costs.