Friday, June 9, 2023

SC issues notice to a MBBS degree holder who received it on fake caste certificate

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The Supreme Court today on an appeal filed by the State of Tripura has issued notice to a man who has obtained his MBBS degree fraudulently as he had taken admission in the College by producing fake caste certificate and stayed the impugned order passed by the Tripura High Court which had allowed the same. 

The Apex Court issued notice returnable on 20th August, 2021.

The Bench of Justice U U Lalit and Justice Ajay Rastogi has heard the present SLP filed by the State of Tripura challenging the impugned order providing validity to the degree of MBBS of the respondent/Sukanta Bhuiya which Court itself has accepted that it was obtained fraudulently by producing fake caste certificate while taking admission to get the benefit of reservation.
Mr. Shuvodeep Roy, Counsel for the Petitioner, i.e. State of Tripura, has submitted before the bench that single as well as the Division Bench of the High Court has totally gone against the statutory schemes. 

He further relied on the judgement passed by the Division Bench of Apex Court headed by Justice Chandrachud in the case of Balram Bharia which according to the petitioner is applicable in the present case.

The Supreme Court on the submission made by the Counsel appearing on behalf of the State of Tripura has observed that wherever a man fraudulently claims a particular status, and that status has to be found unacceptable. The logical course is that whatever benefit he is supposed to be deriving by projecting that particular status must be deny to him. 
However, in this matter Tripura High Court has given its verdict considering the fact that this person has also acquired post graduate qualification in medicine on the basis of the same degree during the period in which the challenge made against the said caste certificate. 

Further, the State of Tripura has submitted before the Top Court that, the scheme of Tripura Act is bit different from the Maharashtra Act. In Maharashtra if any person wants to take benefit of his caste status he has to go to the scrutiny committee. However in Tripura the certificate produced by the candidate is in itself is final provided that they restore the power to cancel that certificate at any stage later. Accordingly, after getting the complaint an enquiry is made and found person guilty. 

The High Court though considered the fact that the respondent/man has obtained admission in MBBS Course on the basis of false caste certificate and thereby deprived a deserving student of the said community from obtaining admission. However Court was of opinion that in imparting education in Government educational institutions, taxpayers’ funds are diverted to subsidize the education. Thus such efforts would completely go waste if the petitioner’s basic degree is withdrawn. 

Also Read: Supreme Court grants bail to murder convict whose appeal is stuck in Allahabad HC since 2006

“it would be too tempting to cancel the very degree of MBBS that the petitioner obtained through such means. However, adopting such course would have two serious consequences. Firstly, even the post graduation degree which the petitioner obtained as a general category candidate would stand withdrawn and secondly, a person who has pursued his MBBS and P.G. courses will not be able to practice the medical profession. This would result into serious loss to the nation as well”, the High Court had held.

The High Court considering the gravity of the situations had directed the respondent/man to deposits a sum of Rs.5,00,000/- with the State Government within a period of six months in six equal monthly instalments starting from 01.02.2021. If he fails to do so, at the end of such period i.e. on 1.7.2021 the MBBS degree shall stand cancelled with immediate effect

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