HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL
Ansh Mahajan S/o Rajesh Mahajan – Appellant
Versus
Ut of J & K Through Its Commissioner/Secretary, Health And Medical Education Department, Civil Secretariat, Jammu – Respondent
Based on the provided legal document, the following key points emerge:
The court emphasized that any EWS certificate obtained through fraudulent means is void ab initio, meaning it is considered invalid from the outset (!) (!) .
The issuance of the EWS certificate to the private respondent, despite their previous registration under a different reservation category (RBA), was found to be illegal and in violation of reservation rules, as the individual was already benefiting from another reservation category (!) (!) .
The fraudulent concealment of material facts, such as the private respondent’s prior reservation under RBA and their residential status, was established through thorough enquiry, leading to the cancellation of the EWS certificate (!) (!) .
The authority responsible for issuing the EWS certificate has the legal power to revoke or withdraw the certificate if it was obtained fraudulently or through misrepresentation, which was upheld by the court (!) (!) .
The case was considered an exceptional one, warranting the bypass of the usual alternate remedy (such as filing an appeal) due to the urgency, time-sensitive nature, and the fundamental questions of legality involved. The court exercised its discretion to adjudicate directly (!) (!) .
The writ petitions were held to be not maintainable in their current form because the petitioner did not specifically challenge the detailed cancellation order or the enquiry report, which formed the basis of the cancellation of the EWS certificate (!) (!) .
The petitioner’s conduct, including misrepresentation, concealment of material facts, and suppression of relevant documents, demonstrated that they did not come with clean hands. As such, the doctrine of "clean hands" barred them from obtaining equitable relief (!) (!) .
The principle that certificates obtained through fraud or misrepresentation are null and void was reaffirmed, leading to the conclusion that the petitioner’s admission based on such a certificate is also invalid (!) (!) .
The court directed that the vacated seat, resulting from the cancellation of the fraudulent EWS certificate, should be offered to the next eligible candidate in merit, with a process to verify their willingness and eligibility. If the candidate declines, the seat should then be offered to the subsequent meritorious candidate (!) (!) .
Overall, the court upheld the integrity of the reservation and admission process, emphasizing that benefits obtained through fraudulent means are to be revoked, and that merit and fairness must be the guiding principles in allocation of seats (!) (!) .
These points collectively reinforce the importance of honesty and adherence to reservation rules, the authority’s power to revoke certificates procured through misrepresentation, and the court’s willingness to intervene directly in cases involving fraud and time-sensitive issues to uphold justice and fairness.
JUDGMENT :
WP (C) No. 2379/2024
1. Petitioner through the medium of instant petition under Article 226 of the Constitution of India seeks the following reliefs:-
a. allow the instant petition;
b. issue a writ of or any other writ, order or direction in the nature of writ of certiorari for quashing the impugned Provisional Selection list of candidates of UT of J&K /Ladakh for MBBS/BDS Course 2024 issued vide Notification No. 093-BOPEE of 2024 dated: 03.09.2024 by Respondent No. 3 to the extent of illegal selection/admission of Private Respondent No. 5 to MBBS course under Economically Weaker Section (EWS) category;
c. issue a writ of or any other writ, order or direction in the nature of writ of mandamus for Directing Respondent No. 4 to inquire and verify the EWS status/certificate of Private Respondent No. 5 with immediate effect and further revocation of the same, if found fraudulent, illegal, or invalid in the light of Rule 2 clause (ixa) of Jammu and Kashmir Reservation Rules, 2005 read with SRO 518 dated: 02.09.2019 along-with Jammu and Kashmir Reservation Act, 2004;
d. issue a writ of or any other writ, order or direction in the nature of writ of mandamus for Commanding Respondent
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