Considering the fact that the doctor to population ratio is very low in India, a division bench of Justice AS Chandurkar and Justice Jitendra Jain at the Bombay High Court refused to cancel the admission of a female doctor. She had completed her MBBS course from Lokmanya Tilak Municipal Medical College and Hospital in Sion, one the top colleges in Mumbai in the 2012-13 batch under the OBC-Non-Creamy Layer (NCL) Certificate based on false information.
The Bombay HC was hearing a writ petition filed by the doctor challenging her admission’s cancellation on the grounds of the invalid NCL Certificate.
According to sources Justice Chandrukar and Justice Jain have given their statements and said that since the Petitioner has already completed her MBBS course, it would be unjust to revoke her admission and withdraw her qualification since she's already a doctor. The High Court also added that since our country has a low doctor to population ratio, depriving the Petitioner of her qualification would mean that the nation loses yet another doctor.
Although they allowed her to keep her qualification, the division bench canceled the Non-Creamy Layer Certificate in October 2013 and reclassified her admission to the Open Category. The doctor will have to pay the difference in her fees and a penalty of Rs.50,000 for giving false information.
The court also observed that even though the competition to get into Medical Colleges is quite tough and the fees are expensive, resorting to unfair means will not be tolerated and anyone involved in it or letting it happen, will have to bear the consequences.
This story was uncovered when a plea was passed at the Lokmanya Tilak Municipal Medical College and Hospital in Sion, seeking inspection of OBC students who have been admitted based on an NCL certificate.
On further investigation, the Enquiry Committee found out more information on the petitioner's father, who had obtained the certificate. They found some inconsistencies in the father's income and marital status statements.
The doctor's father misrepresented his employment and marital status. In fact he divorced his wife in 2008. It was also said that his wife didn't have an income but actually worked at a corporation.
The medical field is a noble profession and if the foundation of a doctor is based on false information and suppressing facts, it demeans the nobility of the profession and the person involved.
Following the cancellation of the NCL certificate in 2013, her admission was struck out in February 2014.
Days later, when the petitioner moved this to court, they granted her interim relief which allowed her to continue the course but she'd only receive limited benefits under the OBC category.
While appealing to the court, she mentioned that she completed her MBBS course internship and diploma in Obstetrics and Gynecology. She even argued that according to the Government Resolution of October 14, 2008, her father's income fell below the given limit for the Certificate. She also declared that the information given by her father was accurate hence questioning why her admission and certificate should be canceled.
Reportedly, the court observed that the Resolution insists on taking into account the salaries of both parents, not just one.
The court also pointed out that the father's claim on his marital status, divorce and cohabitation were self-contradictory.
Therefore, the High Court concluded that the NCL certificate was based on false information. They said that the medical field is a noble profession and if the foundation of a doctor is based on false information and suppressing facts, it demeans the nobility of the profession and the person involved.
(Input from various media sources)
(Rehash/Aditi Madathingal/MSM)
