Medical Admissions 2019-20

Medical Admissions 2019-20

HC orders MBBS student to pay Rs 10L for wrongly taking quota benefit

PUBLISH DATE 13th May 2017

The Bombay high court has directed a final year female MBBS student of the BJ Medical College here to pay Rs 10 lakh to the state government for availing the other backward class (OBC) quota benefit against a non-creamy layer (NCL) certificate obtained by making false representation.

The HC bench comprising Justice V M Kanade and Justice P R Bora passed scathing remarks in a judgment on May 5 against the girl's father -a financially well-off surgeon who owns a well-equipped 16-bed hospital in Chinchwad near here -for making an “undesired attempt“ at securing the NCL for her daughter.

“We regretfully state that such a well-placed person did make such an undesired at tempt, which has resulted in depriving one genuine and deserving candidate from getting the admission in a government medical college for an MBBS course,“ the bench said.

The court referred to the findings of an inquiry panel that examined the veracity of the student's NCL, and a tehsildar's report on her father's economic status vis-à-vis the Rs 1 crore hospital building with more than 25 staffers and modern diagnosis and treatment facilities. The father had even participated in an auction for a 714 sq mt plot, worth over Rs1.56 crore, belonging to the MIDC.

“We have purposely mentioned all these facts so as to indicate that such a person had opted for the NCL certificate and initially had succeeded in securing the same,“ the bench said. The HC confirmed a February 10, 2014 order by the Pune district collector cancelling the student's NCL certificate.

However, relying on a set of Supreme Court rulings which held that disturbing the educational career or employment of a candidate, which has become final with the passage of time, will not be in the interest of anyone, the HC allowed the student to complete her studies on the condition that she will never claim OBC quota benefit for future studies or for employment. In case of any violation, the state can recall her degree(s), the bench said, while directing the student to furnish an undertaking to this effect in the HC.

During the pendency of the student's petition against the district collector's impugned (under challenge) order, the HC had passed an interim order allowing her to continue with her studies.

The bench further directed her to execute a bond committing five years of service as a medical officer in primary health centres run by the state. If she gets admission to a postgraduate medical course before completing such five-year term, she has to rejoin the service after the PG studies, the court said.

The court also directed the Maharashtra University of Health Sciences to award the degree to the student on completion of her course