Degree awarded can be cancelled if it was through a fraudulently obtained admission by submitting a fake certificate : Bombay High Court
Fraudulent representation of one’s identity especially one relating a person’s caste is a serious crime because it robs another person of their opportunity and life. This was held in the judgment passed by a two bench judge comprising HON’BLE MR. JUSTICE R. D. DHANUKA AND JUSTICE R.I.CHAGLA, in the matter of Dr. Raj Mohammed Ali Merchant V.  The State of Maharashtra, Krishna Institute of Medical Scientist Deemed to be University, Government Dental College and Hospital, dealt with an issue where the petitioner filed for quashing and setting aside of the order passed by  the Respondent cancelling the Bachelor of Dental Surgery Degree awarded to the Petitioner and to direct Respondent to restore the B.D.S. degree. The Petitioner was granted admission by Respondent No.2 in the said BDS course in the year 2008. It is the case of the Petitioner that the Petitioner was granted admission in the said course under NRI quota and was charged fee of Rs.2,41,000/- for granting such admission under the management seat. It appears that the Petitioner thereafter applied for a job in a Government Dental College and Hospital. The Petitioner was appointed as intern in J.J. Hospital on temporary basis. He worked in the said hospital till the end of March 2015. The Chairman/ Additional Commissioner, Caste Scrutiny Committee, informed the Dean of the Government Dental College and Hospital that the Petitioner has submitted false caste certificate of Scheduled Tribe for the post of clinical assistance at the Government Dental college. The said caste certificate relied upon by the Petitioner was not even signed by the Scrutiny Committee. Based on the said letter, the complaint has been filed against the Petitioner. The counsel for petitioner submits that the Petitioner was granted admission under NRI quota and management seat by the Respondent No.2 by exercising its discretion conferred upon the Respondent No.2 under the Dental Counsel of India notification and more particularly clause 9(b). The counsel for respondent submits that it is not in dispute that the Government Dental College had granted temporary admission to the Petitioner on the basis of such caste validity certificate. The Caste Scrutiny Committee upon the query raised by the Government Dental College as to whether the certificate was a false certificate clarified that no such certificate was issued by the Caste Scrutiny Committee. The signatures on the caste certificate produced by the Petitioner were also fake.
 on 06 08 2021 on 07 08 26.wp.2433.21.docIN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTIONWRIT PETITION NO. 2433 OF 2021Dr. Raj Mohammed Ali Merchant… PetitionerVersus1) The State of Maharashtra2) Krishna Institute of Medical Scientist Deemed to be University3) Government Dental College and Hospital through its Dean.…Respondents…...…Mr. Ruchir Tolat i b L.C. Tolat & Co. for the Petitioner.Ms. Kavita N. Solunke A.G.P. for the State Respondent Nos.1 and 3.Mr. Tanaji Mhatugade for Respondent No.2. …...…CORAM : R.D. DHANUKA & R.I. CHAGLA JJ. DATE : 2nd AUGUST 2021. JUDGMENT :1 By this Petition filed under Article 226 of the Constitutionof India Petitioner has impugned prayer for quashing and setting asidethe order dated 27.10.2020 passed by Respondent No.2 cancelling theBachelor of Dental Surgery Degree awarded to the Petitioner and todirect Respondent No.2 to restore the B.D.S. degree. Some of therelevant facts are discussed in the said Petition are as under : Waghmare 1 12 on 06 08 2021 on 07 08 26.wp.2433.21.doc2Some time in the year 2008 the Petitioner applied for BDScourse with Respondent No.2 a deemed University. The Petitionerwas granted admission by Respondent No.2 in the said BDS course inthe year 2008. It is the case of the Petitioner that the Petitioner wasgranted admission in the said course under NRI quota and wascharged fee of Rs.2 41 000 for granting such admission under themanagement seat. The Petitioner completed his BDS course in theyear 2014 and was issued a degree certificate by Respondent No.2. Itappears that the Petitioner thereafter applied for a job in aGovernment Dental College and Hospital. The Petitioner wasappointed as intern in J.J. Hospital on temporary basis. He worked inthe said hospital till the end of March 2015. 3It is the case of the Petitioner that the due to familydispute several false complaints were filed against the Petitioner. ThePetitoner worked in J.J. Hospital on the basis of the caste certificateproduced by the Petitioner. Since such complaints were made theDean of the Government Dental College and Hospital made enquirieswith the Chairman Additional Commissioner Caste ScrutinyCommittee Nashik Division. The Chairman Additional Commissioner Caste Scrutiny Committee informed the Dean of the GovernmentWaghmare 2 12 on 06 08 2021 on 07 08 26.wp.2433.21.docDental College and Hospital that the Petitioner has submitted falsecaste certificate of Scheduled Tribe for the post of clinical assistance atthe Government Dental college. The said caste certificate relied uponby the Petitioner was not even signed by the Scrutiny Committee.Based on the said letter the complaint has been filed against thePetitioner. The Petitioner was required to obtain anticipatory bailApplication No.12218 in the Court of Sessions GreaterBombay.4On 27.05.2018 the Dean of the Government DentalCollege and Hospital addressed a letter to the Registrar of RespondentNo.2 informing that the letter of the Caste Scrutiny Committeesubmitted by the Petitioner was false and therefore action be taken inrespect of the BDS degree course completed by the Petitioner and theadmission be cancelled. There was correspondence exchangedbetween the Respondent No.2 and the Dean of the Government DentalCollege and Hospital Respondent No.3. Respondent No.2 accordinglyissued a show cause notice to the Petitioner on 03.10.2018 stating thatthe caste certificate submitted by the Petitioner was fake and bogusand signature of the Deputy Collector appearing thereon was forged.The Respondent No.2 called upon the Petitioner to show cause whyWaghmare 3 12 on 06 08 2021 on 07 08 26.wp.2433.21.docthe intial admission to first year BDS course given on the basis of castecertificate submitted by the Petitioner in the academic year 20082009should not be cancelled. 5In response to the said show cause notice the Petitionerfiled reply and called upon Respondent No.2 to withdraw the saidshow cause notice. Respondent No.2 was not satisfied with reply ofthe Petitioner and cancelled the B.D.S. Degree conferred upon thePetitioner vide order dated 27.10.2020. 6We are informed that the criminal proceedings arepending against the Petitioner in respect of the alleged offencecommitted by the Petitioner before the criminal Court. Mr. Tolat thelearned Counsel for the Petitioner invited our attention to the variousdocuments annexed to the Petition and also the compilation filed forconsideration of this Court. He submits that the Petitioner wasgranted admission under NRI quota and management seat by theRespondent No.2 by exercising its discretion conferred upon theRespondent No.2 under the Dental Counsel of India notification andmore particularly clause 9(b) thereof. He submits that the Petitionerhad already secured more than 50% marks in the KAIET 2008. Hesubmits that considering the fact that the Petitioner was grantedWaghmare 4 12 on 06 08 2021 on 07 08 26.wp.2433.21.docadmission under NRI quota and the Petitioner has already securedmore than 50% marks in the KAIET 2008 there was no question of thePetitioner submitting any caste certificate to the Respondent No.2 foradmission for availing 10% concession in marks available to thereserve category candidate. 7It is submitted that the Respondent No.2 has relied uponCaste certificate before this Court which was not submitted by thePetitioner to Respondent No.2. The learned Counsel for the Petitionerinvited our attention to the order passed by the Sessions Courtgranting anticipatory bail in favour of the Petitioner on 25.07.2018and would submit that the Sessions Court having been satisfied thatno case was made out for custodial interrogation of the Petitionergranted anticipatory bail in favour of the Petitioner. 8The learned Counsel for the Petitioner submits thatthough an opportunity was granted by this Court to Respondent No.2to produce the application form submitted by the Petitioner at the timeof admission the Respondent No.2 has deliberately not produced suchapplication form which would have indicated as to whether thePetitioner had at all applied for admission under reserved categoryseat or under NRI quota. It is submitted by the learned Counsel forWaghmare 5 12 on 06 08 2021 on 07 08 26.wp.2433.21.docthe Petitioner that the Petitioner is a reputed Doctor practicing sincelast several years after obtaining the B.D.S. Degree from RespondentNo.2. The Respondent No.2 could not have cancelled B.D.S. Degreeon some flimsy ground. 9The learned A.G.P. submits that no case is made out bythe Petitioner for interference in the order passed by Respondent No.2.The learned Counsel for Respondent No.2 invited our attention to thereply of the Petitioner to the show cause notice and more particularlythe letters dated 26.10.2018 and 21.01.2019 and would submit that inboth these letters the Petitioner has admitted that his father’s uncledeceased Mr. Yusufali A. Bharmal who was 75 years old at that timehad got the Petitioner admission in the absence of his father and hadcommitted an error in submitting the wrong caste certificate. ThePetitioner requested for a permission to re issue the new castecertificate within a short period. In the said letter he tendered hisapology on behalf of his father’s uncle for his mistake of giving wrongcertificate and to rectify the mistake. 10It is submitted by the learned Counsel for RespondentNo.2 that insofar as application form submitted by the Petitioner isconcerned since the Respondent No.2 is not required to maintain theWaghmare 6 12 on 06 08 2021 on 07 08 26.wp.2433.21.docrecords for more than five years the records pertaining to theapplication of the Petitioner are destroyed and are not available.11The learned Counsel produced the caste certificate forperusal of this Court which caste validity certificate according to theRespondent No.2 was submitted by the Petitioner at the time ofseeking admission which certificate is alleged to have been issued on27.06.2008 allegedly certifying that the petitioner belongs to the TadviScheduled Tribes. 12Upon raising a query to the learned Counsel appearing forthe Petitioner by this Court whether the caste certificate which isproduced by Respondent No.2 before this Court and the castecertificate produced by the Petitioner were the same certificates whichthe Petitioner has produced before the Government Dental College forgetting a job in respect of which the enquiry is going on by theinvestigating authority the learned Counsel on instructions submittedthat the said caste certificate which is produced by Respondent No.2was submitted by the Petitioner also to the Government DentalCollege. It is not in dispute that the Government Dental College hadgranted temporary admission to the Petitioner on the basis of suchcaste validity certificate. The Caste Scrutiny Committee upon theWaghmare 7 12 on 06 08 2021 on 07 08 26.wp.2433.21.docquery raised by the Government Dental College as to whether thecertificate was a false certificate clarified that no such certificate wasissued by the Caste Scrutiny Committee. The signatures on the castecertificate produced by the Petitioner were also fake. 13It is thus clear beyond reasonable doubt that thePetitioner had submitted fake caste certificate to Respondent No.2 forseeking admission for the said BDS course. The learned Counsel forthe Petitioner on instruction conceded before this Court that the saidcaste certificate produced by Respondent No.2 as also the castecertificate produced by the Petitioner were submitted before theGovernment Dental College. We thus cannot accept the submission ofthe learned Counsel for the Petitioner that his client had not submittedany caste certificate to Respondent No.2 while seeking admission tothe said BDS course. 14Insofar as the submission of the learned Counsel for thePetitioner that the Petitioner was granted admission under NRI quota(management seat) and not under reserved category seat isconcerned the learned Counsel fairly agreed that his client had notsecured more than 50% marks in Physics Chemistry and Biology(PCB) taken goether in the KAIET 2008. He placed reliance on theWaghmare 8 12 on 06 08 2021 on 07 08 26.wp.2433.21.docGovernment Gazette in support of the submission that the said clause9(ii)(b) granted the discretion with Respondent No.2 to grantadmission by relaxing norms under NRI quota management seat. 15A perusal of the brochure issued by Respondent No.2 forthe said BDS course which is not in dispute clearly indicates that thecandidate belonging to open category must secure more than 50%marks in Physics Chemistry and Biologytaken goether in theKAIET 2008. Candidate belonging to Backward class must secure notless than 40% marks in Physics Chemistry and Biologytakengoether in the KAIET 2008. 16The said brochure does not prescribe for any discretion tobe exercised by the Respondent No.2 as canvassed by the Petitioner.In our view even if the Petitioner has paid the fees under NRI quota he would not have secured admission unless he had obtained morethan 50% marks in Physics Chemistry and Biologytakengoether in the KAIET 2008. The only relaxation which candidatecould get under the said brochure was relaxation of 10% marks inPhysics Chemistry and Biologytaken goether in the KAIET2008 provided such candidate would have belonged to the BackwardClass. Waghmare 9 12 on 06 08 2021 on 07 08 26.wp.2433.21.doc17Admittedly the Petitioner has secured 45.66% marks inPhysics Chemistry and Biologyin the Higher SecondaryExamination and had secured 113 out of 200 marks in the KAEIT2008. The marks which were to be considered for grant of suchadmission in BDS course in open category was required to be morethan 50% marks in Physics Chemistry and Biology and 40% marks incase of a backward class candidate. 18In our opinion if the Petitioner would have been grantedadmission in NRI quota the Petitioner would not have submitted anycaste certificate to get an admission in the said BDS course under NRIor management quota. It is thus clear that the caste certificatesubmitted by the Petitioner was submitted to avail of the relaxation of10% available to a reserved category candidate for getting admissionto such BDS course. The learned Counsel for the Petitioner could notexplain as to why the Petitioner submitted such caste certificate if hewas granted admission in management quota. 19We are not making any observation in respect of thepending investigation going on against the Petitioner. The law shalltake its own course in the ongoing proceedings against the Petitioner.In our view the Petitioner had fraudulently obtained admission byWaghmare 10 12 on 06 08 2021 on 07 08 26.wp.2433.21.docsubmitting a fake certificate. The Respondent No.2 is thus justified incancelling the B.D.S. Degree certificate obtained by the Petitioner.Under Section 10 of the Maharashtra Scheduled Castes ScheduledTribes Denotified TribesNomadic Tribes OtherBackward Classes and Special Backward CategoryCaste Certificate Act 2000 it is clearlyprovided that whoever not being a person belonging to any of theScheduled Castes Scheduled Tribes De notified TribesNomadic Tribes Other Backward Classes or Special BackwardCategory secures admission in any educational institution against aseat reserved for such Castes Tribes or other Backward or SpecialBackward Classes or secures any appointment in the Government local authority or in any other Company or Corporation owned orcontrolled by the Government or in any Government aided institutionor Co operative Society against a post reserved for such Castes Tribesor Classes by producing a false Caste Certificate shall on cancellationof the Caste Certificate by the Scrutiny Committee be liable to bedebarred from the concerned educational institution or as the casemay be discharged from the said employment forthwith and any otherbenefits enjoyed or derived by virtue of such admission orappointment by such person as set out therein shall be withdrawnWaghmare 11 12 on 06 08 2021 on 07 08 26.wp.2433.21.docforthwith. 20In our view the Petitioner having obtained the BDSDegree from Respondent No.2 on the basis of such false certificate hascommitted a fraud on the Constitution of India. The Petitioner is thus liable to restore all the benefits obtained by the Petitioner on thebasis of such Degree obtained with the support of a false castecertificate.21In our view the order passed by Respondent No.2withdrawing the degree obtained by the Petitioner by such fraudulentmeans does not warrant any interference. We make it clear that thefindings herein are confined to this Petition. Writ Petition is totallydevoid of merit. We accordingly pass the following order : i)Writ Petition No.24321 is dismissed.ii)No order as to costs. ( R.D. DHANUKA J. )Waghmare 12 12 