Bombay HC fines MBBS student Rs 10 lakh for a false Non creamy layer Certificate

Mumbai: An MBBS student of BJ Medical College has been given severe strictures by the Bombay High Court, which has asked her to pay a fine of Rs 10 lakhs to the state government, for taking benefit of other backward class (OBC) quota, by procuring a false non creamy layer (NCL) certificate. The court, however relying on a set of Supreme Court rulings which hold that disturbing the educational career or employment of a candidate, which has become final with the passage of time, will not be in anyone's interest, has allowed her to continue with her studies. In case of any violation by the student, the court can recall her degree.

The bench has also taken a commitment from her to put in five years of service as medical officer in primary health centers, run by the state by issuing a directive to this effect. The directive further states, if she decides to pursue a post graduation in the middle of service, she will have to rejoin the job after completion of her post graduation. The court also directed the Maharashtra University of Health Sciences to grant a degree to her on course completion.

The division bench comprising of Justices V M Kanade and P R Bora came down heavily on the student’s father, who happens to be a financially well-to-do surgeon of the city, running a well equipped 16 bed hospital in Chinchwad, near Pune. It is believed he was instrumental in making ‘an undesired attempt’to get an NCL for his daughter.

"We regretfully state that such a well-placed person made such an undesired attempt, which has resulted in depriving one genuine and deserving candidate from getting admission in a government medical college for an MBBS course," the bench said, reports TOI.

The court based its decision on the findings of an inquiry panel that examined the authenticity of the student’s NCL and a tehsildar’s report on her father economic status which spoke of a Rs 1 crore hospital, with 25 staffers and modern treatment amenities. The student’s father is believed to have also participated in an auction for a 714 sq mt MIDC plot, worth over Rs 1.5 crore,

"We have purposely mentioned all these facts to indicate that such a person had opted for the NCL certificate and initially had succeeded in securing it," the bench said.

The court also confirmed a Pune District Collector’s order, dated February 10, 2014, cancelling her NCL certification.

It is during pendency of the student's petition against the District Collector's impugned (under challenge) order, that the HC has passed an interim order allowing her to continue her studies.