Submitting a false caste certificate for obtaining educational benefits constitutes fraud and is subject to legal consequences under the relevant legislation.

JUDGMENT

R.D. Dhanuka, J. - By this Petition filed under Article 226 of the Constitution of India Petitioner has impugned prayer for quashing and setting aside the order dated 27.10.2020 passed by Respondent No.2 cancelling the Bachelor of Dental Surgery Degree awarded to the Petitioner and to direct Respondent No.2 to restore the B.D.S. degree. Some of the relevant facts are discussed in the said Petition are as under :

2. Some time in the year 2008 the Petitioner applied for BDS course with Respondent No.2, a deemed University. 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. The Petitioner completed his BDS course in the year 2014 and was issued a degree certificate by Respondent No.2. 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.

3. It is the case of the Petitioner that the due to family dispute, several false complaints were filed against the Petitioner. The Petitioner worked in J.J. Hospital on the basis of the caste certificate produced by the Petitioner. Since such complaints were made, the Dean of the Government Dental College and Hospital made enquiries with the Chairman/ Additional Commissioner, Caste Scrutiny Committee, Nashik Division. 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 Petitioner was required to obtain anticipatory bail Application No.1221 of 2018 in the Court of Sessions, Greater Bombay.

4. On 27.05.2018 the Dean of the Government Dental College and Hospital addressed a letter to the Registrar of Respondent No.2 informing that the letter of the Caste Scrutiny Committee submitted by the Petitioner was false and therefore, action be taken in respect of the BDS degree course completed by the Petitioner and the admission be cancelled. There was correspondence exchanged between the Respondent No.2 and the Dean of the Government Dental College and Hospital -Respondent No.3. Respondent No.2 accordingly issued a show cause notice to the Petitioner on 03.10.2018 stating that the caste certificate submitted by the Petitioner was fake and bogus and signature of the Deputy Collector appearing thereon was forged. The Respondent No.2 called upon the Petitioner to show cause why the intial admission to first year BDS course given on the basis of caste certificate submitted by the Petitioner in the academic year 2008-2009 should not be cancelled.

5. In response to the said show cause notice, the Petitioner filed reply and called upon Respondent No.2 to withdraw the said show cause notice. Respondent No.2 was not satisfied with reply of the Petitioner and cancelled the B.D.S. Degree conferred upon the Petitioner vide order dated 27.10.2020.

6. We are informed that the criminal proceedings are pending against the Petitioner in respect of the alleged offence committed by the Petitioner before the criminal Court. Mr. Tolat, the learned Counsel for the Petitioner invited our attention to the various documents annexed to the Petition and also the compilation filed for consideration of this Court. He 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 Denta