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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL, RAMKUMAR CHOUBEY, JJ.
Supreet Pratap Singh - Petitioner
Versus
The State Of Madhya Pradesh And Others – Respondents
Writ Petition No. 20254 of 2023
Decided On : 02-12-2025
(1) Juvenile Justice Act (Care and Protection of Children) Act, 2000 -- Ss. 3(xiv) and 24 -- Juvenile Justice (Care and Protection of Children) Model Rules, 2016 -- R. 14 -- Penal Code, 1860 -- Ss. 409, 419, 420, 467, 468 and 471 -- M. P. Recognized Examinations Act, 1937 -- Ss. 3, 4 and 5 -- disqualification of juvenile on conviction -- principle of fresh start -- petitioner cleared PMT Examination using unfair means -- charge sheet filed u/ss. 409, 419, 420, 467, 468 and 471 of IPC therefore his internship certificate was cancelled -- held -- those who come by backdoor should go through backdoor only -- petitioner secured admission through backdoor by deploying 'solver' to appear for him -- there is admission of this guilt before Juvenile Justice Board -- right to be forgotten u/ss. 3(xiv) and 24 of Juvenile Justice Act and R. 14 of Model Rules is a right for future engagement -- it will not wipe out past misdeeds on the basis of which foundation of admission to a cause is built -- conviction u/s. 3 of Examinations Act being an act of moral turpitude, petitioner not entitled to keep his degree -- fresh start does not mean that admission sought through forgery and misrepresentation will allow petitioner to continue to hold his degree and license -- admission secured on basis of forgery and criminal antecedents despite being obliterated in view of provisions of Juvenile Justice Act, will not allow him to keep such degree as was secured on foundation of illegal entry -- petition dismissed. (2020) 15 SCC 466 and (2007) 8 SCC 264 followed. (2019) 19 SCC 710 to be read in proper context. SB WP (Civil) No. 7214 of 2023 (Raj.) relied on. SB WP (Civil) No. 9143 of 2021 (Raj.) and 2023 SCC Online Raj. 381 referred to. [Paras 21 to 25, 28 & 29]
(2) Doctrine -- principle of fresh start -- fresh start means that past stigma of any offence or criminal past of a juvenile will not come in the way of a fresh start. [Para 28]
(3) Juvenile Justice Act (Care and Protection of Children) Act, 2000 -- S. 3(xiv) -- principle of fresh start -- applicability -- fresh start means that past stigma of any offence or criminal past of a juvenile will not come in the way of a fresh start -- it does not mean that admission sought through forgery and misrepresentation will allow petitioner to continue to hold his degree and licence. [Para 28]
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ORDER :
Vivek Agarwal, J.
This writ petition is filed by the petitioner challenging the order dated 11.10.2021, Annx.P/3 and 25.04.2023, passed by the Dean of Gandhi Medical College, Bhopal, respondent no.3, whereby Dean of Gandhi Medical College, Bhopal has cancelled the certificate of completion of internship as was granted in favour of the petitioner and, thereafter on correspondence being made by the petitioner vide reply dated 25.04.2023, in regard to revocation of cancelled certificate of internship completion has been denied on the ground that no documents were attached by the petitioner in support of his claim. This order dated 25.04.2023 is Annx.P/12.
2. Shri Anil Khare, learned Senior counsel for the petitioner submits that the petitioner had undertaken examination of Pre-Medical Test in the year 2010, as was conducted by M.P. Vyavsayik Pariksha Mandal (Vyapam) and, thereafter, took admission in MBBS Course at Gandhi Medical College Bhopal.
3. Petitioner had joined the classes regularly and completed the MBBS Degree along with one year compulsory rotatory internship training at Hamidia Hospital and Sultania Zanana Hospital, Bhopal, for which he was granted a certificate of completion of internship on 28.05.2018. It is submitted that copy of the degree of MBBS issued by the Barkatullah University Bhopal is part of Annx.P/1 along with certificate of registration granted by M.P. Medical Council, so also the certificate of completion of internship.
4. Petitioner's contention is that after receiving internship certificate and certificate of practice, the respondent No.3 Dean of Gandhi Medical College, Bhopal, had issued a show cause notice on 13.05.2021 as contained in Annx.P/2, asking him to show cause that since he has cleared PMT Examination 2010, using unfair means which was in violation of the applicable Examination Rules and CBI after investigation had filed a charge sheet under Sections 409, 419, 420, 467, 468 and 471 of IPC, therefore, petitioner was served with a show cause as to why his internship certificate be not cancelled.
5. It is submitted that petitioner had furnished a detailed reply dated 27.05.2021 to the said show cause notice. Thereafter, Annx.P/3 dated 11.10.2021 was passed by the Dean of Gandhi Medical College, Bhopal cancelling the certificate of internship.
6. Shri Anil Khare, learned Senior Advocate, for the petitioner submits that in fact petitioner was a juvenile when he had taken admission in Gandhi Medical College, Bhopal, in the year 2010. He was also a juvenile when entrance examination was undertaken on his behalf and, therefore, in terms of the provisions contained in Juvenile Justice Act, 2000, specifically as contained in Section 19 of the Juvenile Justice Act (Care and Protection of Children), Act 2000, deals with removal of disqualification attaching to conviction, it is submitted that since sub-section (1) of Section 19 provides that "notwithstanding anything contained in any other law, a juvenile who has committed an offence and has been dealt with under the provisions of this Act, shall not suffer disqualification if any, attached to a conviction of an offence under such law."
7. It is submitted that Sub-section (3) of Section 19 provides for a direction to the Juvenile Justice Board to make an order directing the relevant record of such conviction to be removed after the expiry of the period of appeal or a reasonable period as prescribed under the Rules, as the case may be.
8. Thus, it is submitted that since the petitioner admitted his guilt resulting in orders of the Juvenile Justice Board contained in the concerned order; copy of which was obtained by Shri Anil Khare, learned Senior Advocate, as per the directions of the Hon'ble High Court which would reveal that vide order dated 14.12.2021 learned Principal Magistrate Juvenile Justice Board, Bhopal, in Cr. Case No.281/2019, had passed orders of probation etc.
9. It is also submitted that in para 5 of the said order, it is mentioned th
Juveniles in conflict with law cannot face disqualification in future employment opportunities due to prior convictions as per Section 24 of the JJ Act, 2015.
The university cannot cancel a degree after the completion of the course and must follow a fair procedure in reaching such decisions.
Juvenile acquittal in serious offences bars disqualification from police employment; records obliterated under fresh start principle, overriding screening assessments of integrity.
The main legal point established in the judgment is that a person's involvement in criminal cases as a minor does not automatically disqualify them for appointment in the police service, and relevant....
The court affirmed that admissions obtained through fraud are invalid, emphasizing that principles of natural justice do not apply in such cases.
In disciplinary proceedings, the standard of proof differs from criminal law; acquittal does not undermine departmental findings if misconduct is established.
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