Any Action To Withdraw The Qualification Obtained By The Petitioner Would Be A National Loss – Bombay High Court Upholds Cancellation Of Non-Creamy Layer Certificate But Allows Retention Of MBBS Degree
In a pivotal decision by the Bombay High Court, the cancellation of a Non-Creamy Layer Certificate leading to the revocation of MBBS course admission was upheld, addressing critical questions under Article 226 of the Indian Constitution. This case revolves around the invalidity of the Non-Creamy Layer Certificate used by the petitioner, Lubna Mujawar, for gaining admission under the OBC quota in a medical college, which was later found to be based on misrepresented facts concerning her parental income.
Facts and Issues:
The issue arose when an MBBS aspirant challenged the admissions under the OBC category, leading to an inquiry against all beneficiaries, including the petitioner. It was discovered that the petitioner’s father had misrepresented marital status and spouse’s income on the certificate application. The critical question was whether the admission based on such a certificate should stand when the eligibility criteria were not genuinely met.
Court’s Assessment:
Misrepresentation and Invalid Certificate:
The court noted that the petitioner’s father misrepresented his marital status and spouse’s income, which directly influenced the eligibility under the OBC quota. “The application is based on incorrect, wrong and false information,” Justice Jitendra Jain observed, emphasizing the importance of integrity in the admission process.
Retention of MBBS Degree:
Despite the unfair means, the court recognized the practical implications of retracting a medical degree after completion. “In our country, where the ratio of Doctors to the population is very low, any action to withdraw the qualification obtained by the petitioner would be a national loss,” the court stated, allowing the petitioner to retain her degree but categorizing her as an Open Category student.
Financial Repercussions and Moral Accountability:
The petitioner was ordered to pay the fee difference applicable to the Open Category and a cost of Rs. 50,000 to the hospital, addressing the financial inequities and moral implications of her actions.
Decision: The High Court upheld the cancellation of the Non-Creamy Layer Certificate and consequent admission cancellation. However, the court also ordered that the petitioner be allowed to retain her MBBS degree, provided she pays the necessary fee difference and a penalty, reinforcing the balance between maintaining admission integrity and recognizing the completed education under judicial interim orders.
Date of Decision: 9th May 2024
Miss. Lubna Shoukat Mujawar vs. State of Maharashtra & Others
