Jahanvi Agarwal
The Bombay High Court recently addressed a case involving a medical student who obtained admission to an MBBS degree in 2012 under the pretenses of using an OBC (Non-Creamy Layer) Certificate. The court allowed the student to receive her degree despite the irregularities surrounding her admission.
The Court acknowledged the critical shortage of doctors in India and opted not to revoke the student’s qualification.
The division bench of Justices A S Chandurkar and Jitendra Jain highlighted the significance of retaining qualified medical professionals: “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.”
However, the court expressed concern over the unfair means by which the student gained admission, noting that such practices undermine the integrity of the medical profession: “If the medical profession is based on a foundation of false information it would certainly be a blot on the noble profession.”
In its ruling, the High Court upheld the student’s admission but imposed financial penalties, directing her to pay fees as an open-category student with an additional Rs 50,000 payment. The court also affirmed the decision to cancel the Non-Creamy Layer Certificate issued to the student.
The case originated from the cancellation of the student’s admission by Lokmanya Tilak Medical College at Sion in February 2014. Despite this, an interim order permitted her to continue her studies at the college. The recent judgment acknowledged the completion of her course in 2017 and emphasized the importance of granting a degree to a qualified student.
The court also criticized the father’s actions in providing false information to secure the OBC certificate: “The high court also condemned the father’s decision to give false information and not disclose that the student’s mother worked in a municipal corporation.” However, the student’s defense centered on her father’s divorce from her mother, which led to misrepresentation of income.
Overall, the Bombay High Court’s decision reflected a balance between addressing misconduct in admissions while recognizing the importance of ensuring that qualified individuals contribute to addressing the country’s healthcare needs.
Case Name: Lubna Shoukat Mujawar v. State of Maharashtra and Ors.
Dairy Number: 132/2017
Bench: Justice AS Chandurkar and Justice Jitendra Jain