The Bombay High Court determined that a student was wrongfully admitted to an MBBS degree program at a renowned college in Mumbai in 2012 under the OBC category using a non-creamy layer certificate. But the High Court recognized the ongoing need for doctors, and despite the wrongful admission, the Bombay High Court chose not to revoke the student’s admission as she had already completed the course.
Facts of the Case
In 2012, a petition was submitted urging an investigation into OBC admissions for MBBS courses using non-creamy layer certificates. An inquiry was subsequently conducted regarding all admitted students. Lubna Mujawar, the petitioner, alleged that her father had misrepresented information by concealing the fact that the student’s mother was employed by the municipal corporation, thereby providing false details.
In February 2014, Lokmanya Tilak Medical College in Sion revoked her admission to the MBBS program. However, the High Court, considering the passage of time and the fact that she completed her course in 2017 under interim orders allowing her to continue her studies, ruled that she should now be granted the degree. Based on the interim orders established since February 2014, the petitioner has successfully completed the MBBS program.
Court’s Ruling
The court emphasized that the petitioner had fulfilled the requirements for the MBBS degree during the period covered by the interim orders, rendering it inappropriate to revoke her qualification. The High Court noted that the student’s admission was secured through false information provided by her father, who failed to disclose that her mother was employed by the municipal corporation.
Consequently, the court expressed that it wouldn’t be suitable to nullify the petitioner’s qualification presently, particularly since they are now deemed capable of practicing medicine. The High Court mandated the student to settle the course expenses as an open category enrollee within three months, along with an extra penalty of Rs 50,000 to be paid to the college.
The division bench of Justices A S Chandurkar and Jitendra Jain concluded that, “In our country, where the ratio of doctors to population is very low” withdrawing her qualification would “be a national loss, as citizens would be deprived of one doctor.”
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