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HC orders MBBS student to pay Rs10 lakh for wrongly

taking quota benefit
TNN | May 13, 2017, 11.00 AM IST

The Bombay high court directed a final year MBBS student of BJ Medical
College here to pay Rs 10 lakh to the state government for availing the
other backward class (OBC) quota benefit against a non-creamy layer
(NCL) certificate obtained by making a false representation.
The HC bench comprising Justices V M Kanade and P R Bora passed
scathing remarks in a judgement on May 5 against the girl’s father — a
financially well-off surgeon who owns a well-equipped 16-bed hospital in
Chinchwad near Pune — for making an “undesired attempt” at securing
the NCL for her 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.

The court referred to findings of an inquiry panel that examined the veracity of the student’s NCL, and a tehsildar’s report on
her father’s economic status vis-à-vis the Rs 1 crore hospital building with more than 25 staffers and modern diagnosis and
treatment facilities.

The father had even participated in an auction for a 714 sq mt plot worth over Rs 1.5 crore, belonging to MIDC.

“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.
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The HC confirmed a February 10, 2014 order by the Pune district collector cancelling the student’s NCL certificate.
But relying on a set of Supreme Court rulings, which held 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, the HC allowed the student to complete her
studies if she never claims OBC quota benefit for studies or employment. In case of any violation, the state can recall her
degree(s), the bench said, directing the student to furnish an undertaking.

During pendency of the student’s petition against the district collector’s impugned (under challenge) order, the HC passed an
interim order allowing her to continue her studies.

The bench directed her to execute a bond committing five years of service as a medical officer in primary health centres run by
the state. If she gets admission to a postgraduate medical course before completing such five-year term, she has to rejoin
service after PG studies, the court said. It told the Maharashtra University of Health Sciences to award her the degree on
completion of her course.