Bombay High Court Upholds MBBS Degree Despite False Certificate, Cites National Interest
The Bombay High Court recently made a decision not to revoke the MBBS degree of a doctor, even though she obtained admission to the course under false pretenses using an OBC-Non-Creamy Layer Certificate. The court cited concerns over the scarcity of doctors in the country and the potential loss to the nation if her qualification was withdrawn.
A division bench comprising Justice AS Chandurkar and Justice Jitendra Jain canceled the Non-Creamy Layer Certificate but upheld the doctor’s MBBS degree. However, the court directed her to pay the difference in fees and imposed a penalty of Rs. 50,000 for providing false information.
While acknowledging the competitive nature of medical admissions and the financial burden associated with Open Category enrollment, the court emphasized the importance of fair practices and integrity in the admission process.
The case involved a petition challenging the cancellation of the petitioner’s admission to an MBBS course due to discrepancies in her father’s NCL certificate. The petitioner’s admission under the OBC category was revoked following an inquiry into the validity of such certificates.
The court found that the petitioner’s father had misrepresented information regarding his marital status and income when obtaining the certificate. Despite claiming divorce, evidence suggested that he continued to reside with his wife. Additionally, he misrepresented his wife’s employment status, claiming she had no income when she was, in fact, employed.
The court noted that the petitioner’s father’s application for the NCL certificate contained false information and concluded that her admission was based on deceit. It emphasized the importance of upholding integrity in professional fields like medicine and rejected any foundation built on falsehoods.
Despite completing her MBBS course under interim court orders, the petitioner’s admission was reclassified as “Open Category,” and the college was directed to confer her degree accordingly.
Click here to read the Judgement.
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