The Bombay High Court refused to cancel the MBBS admission of a doctor, who gained her entry into a Mumbai medical college under the OBC-Non-Creamy Layer Certificate based on false information. The Court noted that the ratio of doctors to the population is very low in India, and hence revoking her admission now will be a national loss.
As per a report in Live Law, division bench of Justice AS Chandurkar and Justice Jitendra Jain observed that the petitioner has completed her MBBS course and said that it would be improper to withdraw her qualification at this stage. The Court noted that she has already completed her qualifications as a doctor.
The Bombay High Court observed, “In our country, where the ratio of the Doctors to the population is very low, any action to withdraw the qualification obtained by the Petitioner would be national loss since the citizens of this country would be deprived of one Doctor.”
“We are conscious of high competition in admission to medical course and we are also conscious about high expenses to be incurred to enroll for the said course under the Open Category. However, that would not justify that the student should obtain the unfair means nor would it justify the action of the parents to be a part of the unfair means for getting the admission under the OBC Category”, the court added.
The bench, however, cancelled the Non-Creamy Layer Certificate of the doctor, and reclassified her admission to the Open Category. Subsequently, the doctor has been directed to pay the difference in fees between Open Category and OBC-Non-Creamy category, along with a penalty of Rs 50,000, which was imposed on her for giving false information.
The Bombay High Court was hearing a writ petition challenging the cancellation of the petitioner’s admission to an MBBS course based on grounds of an invalid OBC-Non-Creamy certificate.
