Denying MBBS admission on past fraud is arbitrary: Court Relief to Medical Aspirant
A Director of Medical Education and Research order cancelling the admission of a 22-year-old Schedule Tribe medical student which was secured on the basis of merit in open category has been set aside by the Bombay High Court. The DMER besides cancelling the reserved category student’s admission had also barred him from pursuing any health science course in Maharashtra. The reason given for admission cancellation by the DMER was that the candidate had submitted fraudulent documentation. The court’s decision has come as an immense relief to the boy.
Justice Anoop Mohta and Justice Bharti Dangre who passed the judgment on September 29 said the authorities had not used their rationale before taking such a harsh step.
The petitioner, Bipin Blowda, is believed to have submitted a false Scheduled Tribe caste validity certificate in the academic year 2012-13 in order to secure an admission into an MBBS Course.
The false submission led to his admission being cancelled and action initiated under Rule 10 and 11 of the Maharashtra Schedule (Regulation of Issuance and Verification of Caste Certificate Act, 2001). GS Medical College, Parel where the petitioner had been given admission, on discovering the fraud had registered a criminal complaint under sections 420, 465, 467, 468, 471 of the IPC.
The DMER further fined the petitioner Rs. 10 lakh as it blamed him for a meritorious student loosing out on a reserved category seat due to his misdemeanour.
After analysing the language in these NEET Rules, the court said: “We do not find any clause for permanent debarment of the candidate on account of cancellation of his admission for any reason whatsoever. We enquired about the existence of any such Rule from. learned AGP but she conceded that there is no such rule which prohibits/permanently debar a candidate from seeking admission. However, contrary to the .. communication which create a permanent embargo on the petitioner for all times to seek admission in MBBS course, Rule 10.10.1 disentitles a candidate for admission to MBBS course for the next two years under the State quota if he was allotted a seat in the previous year(s) and he had vacated it after availing the seat which has resulted into lapsing of the said Seat and clause No.14 makes a provision for penalty of Rs.10 lacs for lapse of such MBBS/BDS seat.”
The court further ruled out a permanent embargo on the student for securing a medical course admission saying that the scheme of Rules did not call for it. Instead, the judicial body confirmed that the rules permitted admission to be sought after two years. It further mentioned that there is also provision for compensating loss of seat by penalty of Rs. 10 lakh, which had already been done by the petitioner
The court was of the opinion that there was complete “non-application of mind” on part of the DMER in its decision of permanently debarring the petitioner from seeking a seat in medical courses.
It cited the decision of the court in the case of Ms Maithilee Tukaram Kadam vs The State of Maharashtra & Ors wherein it was held that
‘denying admission on the basis of past conduct is arbitrary and unreasonable, as it deprives student of the right to higher education and right to progress.’
With the above observation the court was seen quashing the DMER order and confirming MBBS admission of the petitioner at Terna College, Navi Mumbai.