Desk, Mumbai. Bombay HC to MBBS student Bombay High Court has given a big relief to a medical student by giving a shocking decision. Actually, the student had filed a petition in the High Court demanding instructions to the college not to cancel her degree.

During the hearing in the High Court, it came to light that the student had obtained admission to the MBBS degree course in a top college in Mumbai in 2012 on the basis of an OBC-non-creamy layer certificate by providing false information, but was given relief considering that the country needed doctors. 

Bombay High Court made this comment

After the hearing, the High Court remarked,

“Do not cancel his admission as he has completed the course. Our country anyway has very less number of doctors as compared to the population and withdrawing his degree will be a national loss as we will be deprived of a doctor. If the medical profession is based on the foundation of false information, it will definitely be a blot on the noble profession. No student should build his foundation on the basis of lies.”

A deserving candidate was left out...

• According to Live Law, a division bench of Justices A S Chandurkar and Jitendra Jain also said that the 'unfair means' adopted by her parents to ensure her admission as an OBC deprived the country of another deserving candidate.
• The High Court held that the cancellation of the non-creamy layer certificate issued to Lubna Mujawar, a student as an OBC category candidate by the Mumbai Suburban Collector in 2013 was justified. Her admission to Lokmanya Tilak Medical College was then cancelled. In fact, an inquiry was initiated against all students admitted under the OBC category after a writ petition seeking an inquiry into such admissions, in which this matter came to light.

Many things came to light during the investigation 

The inquiry committee found that the petitioner's father had obtained the certificate by providing incorrect information. The committee found discrepancies in his statements regarding marital status and income. Despite claiming to have divorced his wife in 2008, he said they live together for the sake of their children, which the committee found contradictory.

The petitioner's father misrepresented the employment status of his wife and claimed that she had no income, while in fact she was employed with the Corporation.

Based on the inquiry report, the college authorities cancelled the certificate on October 8, 2013 following which the admission of the petitioner was cancelled on February 1, 2014.

The student challenged it in the High Court

The petitioner approached the High Court on 5 February 2014 challenging the cancellation of admission. The court granted interim relief and allowed the petitioner to continue his MBBS course. However, the court barred him from availing the benefit of OBC category.

Bombay High Court gave this order

The High Court said that due to the passage of time and on the basis of interim orders, the student continued her course and completed it in 2017, now she should be awarded the degree. The court said that it would not be appropriate to take back the qualification obtained by the petitioner at this stage.

The court has now directed the student to pay the fees for the course as a general category student within three months and also pay an additional Rs 50,000 to the college.