Admissions based on false information undermine educational integrity; however, completed qualifications should not be revoked.

JUDGMENT :

Jitendra Jain, J.

Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. By this petition under Article 226 of the Constitution of India, the Petitioner seeks to challenge the action of Respondent No.3- Collector and Respondent No.4-College vide communication dated 8th October 2013 and 1st February 2014 respectively by which the Petitioner's admission to medical course in Respondent No.4-College is sought to be cancelled on account of invalidity of Non-Creamy layer Certificate (hereinafter referred as "said Certificate") on the basis of which the Petitioner had taken admission to the said course.

Narrative of events:-

3. The Petitioner in the year 2012-13 enrolled herself for MBBS course with Respondent No.4-College under OBC category and on the basis of the said Certificate.

4. A Writ Petition was filed by one of the aspiring MBBS student before this Court seeking inquiry with respect to admission to the MBBS course through the OBC category on the basis of the Non-Creamy Layer Certificate. The said Writ Petition was numbered as 7456 of 2012. Pursuant to the orders passed in the said Writ Petition, an enquiry was conducted against all the students who had obtained the admission to MBBS course on the basis of the such Certificate.

5. The Petitioner's father who had obtained the said Certificate was called for hearing by the Enquiry Committee in the month of April and October 2013. The Enquiry Committee came to the conclusion that the Petitioner's father has mis-represented to the Authorities while making application for the said Certificate. The Committee observed that on the one hand, the Petitioner's father stated that he has given Talaq on 9th October 2008 to his wife and, therefore, the income of the wife was not shown while making the application but at the same time in his statement stated that for the betterment of the children, he used to stay along with his wife. The Committee also doubted the documents on the basis of which the Talaq was granted. The Committee, therefore, concluded that the Petitioner's father has obtained the said Certificate by giving false information.

6. On the basis of the above Enquiry Report, Respondent No.3- College on 8th October 2013 cancelled the said Certificate and consequently, Respondent No.4-College vide communication dated 1st February 2014 cancelled the admission of the Petitioner to the MBBS course. It is on this backdrop that the present petition was filed before this Court on 5th February 2014 challenging the cancellation of the admission and the said Certificate.

7. This Court on 11th February 2014 granted interim relief to the Petitioner by staying the operation of communication dated 1st February 2014, issued by Respondent No.4-College cancelling the admission and further permitting the Petitioner to continue with her MBBS course. The said interim relief continues till today. On 5th April 2019, in a motion taken out by the Petitioner, following order was passed:-

"5. However, it is clarified that until further orders, by way of status quo, a decree obtained by the Petitioner on the basis of impugned order passed by this court shall not be disturbed. It is further directed that hereinafter the Petitioner would not be entitled to any of the benefits of which a candidate belonging to OBC is entitled to."

8. Thereafter, on 6th December 2023, on the request made by the Petitioner, the following order was passed:-

"The Petitioner has sought Degree Certificate of MBBS, contending that under the interim order Petitioner has completed the Degree Course. Since the Writ Petition itself is pending, we deem it appropriate to list the Writ petition on board on 14th December 2023 at the bottom of the Admission Board."

Submission of the Petitioner:-

9. The Petitioner has filed notes of arguments giving dates and events upto 2022. The Petitioner submitted that on 25th July 2017, she has completed her MBBS course and passing certificate was issued to that ef