The Bombay High Court, in a recent judgment, refused to revoke the MBBS admission of a doctor who entered a top Mumbai college under the OBC-Non-Creamy Layer Certificate based on false information. However, the bench comprising Justice AS Chandurkar and Justice Jitendra Jain canceled her Non-Creamy Layer Certificate and reclassified her admission to the Open Category. The court also directed the candidate to pay the difference in fees and a penalty of 50,000 for false representation.
The bench acknowledged that the petitioner had completed the MBBS course and emphasized the importance of doctors in India, where the ratio of doctors to the population is low. The court opined that revoking her qualification would be a national loss as citizens would be deprived of a doctor.
Balancing this rationale, the court condemned the use of unfair means to obtain admission. It held that the high competition in medical admissions and expenses under the Open Category do not justify resorting to unfair means or parental involvement in such practices.
The case stemmed from a writ petition challenging the cancellation of the petitioner’s admission to an MBBS course due to an invalid NCL certificate. An inquiry found the petitioner’s father had misrepresented his marital status and income, and the college authorities canceled her NCL certificate and subsequently her admission.
The petitioner approached the High Court, which allowed her to complete her MBBS course under interim court orders. While acknowledging her completion of the course, the bench emphasized the importance of integrity in the medical profession and the need to build a strong foundation based on truthful information.
The Bombay High Court’s decision underscores the importance of honesty and transparency in medical admissions while recognizing the need for qualified doctors in the country.
