Raj Mohammed Ali Merchant vs The State Of Maharashtra Through ...
2021 Latest Caselaw 10084 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO. 2433 OF 2021


   Dr. Raj Mohammed Ali Merchant                     ...       Petitioner
            Versus
   1) The State of Maharashtra
   2) Krishna Institute of Medical
      Scientist Deemed to be University
   3) 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 : (Per R.D. DHANUKA, J.)

   1                 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 :

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   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

Petitoner 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

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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

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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 Dental Counsel of India notification and

more particularly clause 9(b) thereof. He submits that the Petitioner

had already secured more than 50% marks in the KAIET 2008. He

submits that considering the fact that the Petitioner was granted

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admission under NRI quota and the Petitioner has already secured

more than 50% marks in the KAIET 2008, there was no question of the

Petitioner submitting any caste certificate to the Respondent No.2 for

admission for availing 10% concession in marks available to the

reserve category candidate.

7 It is submitted that the Respondent No.2 has relied upon

Caste certificate before this Court which was not submitted by the

Petitioner to Respondent No.2. The learned Counsel for the Petitioner

invited our attention to the order passed by the Sessions Court

granting anticipatory bail in favour of the Petitioner on 25.07.2018

and would submit that the Sessions Court having been satisfied that

no case was made out for custodial interrogation of the Petitioner

granted anticipatory bail in favour of the Petitioner.

8 The learned Counsel for the Petitioner submits that

though an opportunity was granted by this Court to Respondent No.2

to produce the application form submitted by the Petitioner at the time

of admission, the Respondent No.2 has deliberately not produced such

application form which would have indicated as to whether the

Petitioner had at all applied for admission under reserved category

seat or under NRI quota. It is submitted by the learned Counsel for

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the Petitioner that the Petitioner is a reputed Doctor practicing since

last several years after obtaining the B.D.S. Degree from Respondent

No.2. The Respondent No.2 could not have cancelled B.D.S. Degree

on some flimsy ground.

9 The learned A.G.P. submits that no case is made out by

the Petitioner for interference in the order passed by Respondent No.2.

The learned Counsel for Respondent No.2 invited our attention to the

reply of the Petitioner to the show cause notice and more particularly

the letters dated 26.10.2018 and 21.01.2019 and would submit that in

both these letters the Petitioner has admitted that his father's uncle

deceased Mr. Yusufali A. Bharmal who was 75 years old at that time

had got the Petitioner admission, in the absence of his father and had

committed an error in submitting the wrong caste certificate. The

Petitioner requested for a permission to re-issue the new caste

certificate within a short period. In the said letter he tendered his

apology on behalf of his father's uncle for his mistake of giving wrong

certificate and to rectify the mistake.

10 It is submitted by the learned Counsel for Respondent

No.2 that insofar as application form submitted by the Petitioner is

concerned, since the Respondent No.2 is not required to maintain the

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records for more than five years, the records pertaining to the

application of the Petitioner are destroyed and are not available.

11 The learned Counsel produced the caste certificate for

perusal of this Court which caste validity certificate according to the

Respondent No.2 was submitted by the Petitioner at the time of

seeking admission, which certificate is alleged to have been issued on

27.06.2008 allegedly certifying that the petitioner belongs to the Tadvi

Scheduled Tribes.

12 Upon raising a query to the learned Counsel appearing for

the Petitioner by this Court whether the caste certificate which is

produced by Respondent No.2 before this Court and the caste

certificate produced by the Petitioner, were the same certificates which

the Petitioner has produced before the Government Dental College for

getting a job in respect of which the enquiry is going on by the

investigating authority, the learned Counsel on instructions, submitted

that the said caste certificate which is produced by Respondent No.2

was submitted by the Petitioner also to the Government Dental

College. 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

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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.

13 It is thus clear beyond reasonable doubt that the

Petitioner had submitted fake caste certificate to Respondent No.2 for

seeking admission for the said BDS course. The learned Counsel for

the Petitioner on instruction conceded before this Court that the said

caste certificate produced by Respondent No.2 as also the caste

certificate produced by the Petitioner were submitted before the

Government Dental College. We thus, cannot accept the submission of

the learned Counsel for the Petitioner that his client had not submitted

any caste certificate to Respondent No.2 while seeking admission to

the said BDS course.

14 Insofar as the submission of the learned Counsel for the

Petitioner that the Petitioner was granted admission under NRI quota

(management seat) and not under reserved category seat is

concerned, the learned Counsel fairly agreed that his client had not

secured more than 50% marks in Physics, Chemistry and Biology

(PCB) taken goether in the KAIET 2008. He placed reliance on the

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Government Gazette in support of the submission that the said clause

9(ii)(b) granted the discretion with Respondent No.2 to grant

admission by relaxing norms under NRI quota/management seat.

15 A perusal of the brochure issued by Respondent No.2 for

the said BDS course which is not in dispute clearly indicates that the

candidate belonging to open category must secure more than 50%

marks in Physics, Chemistry and Biology (PCB) taken goether in the

KAIET 2008. Candidate belonging to Backward class must secure not

less than 40% marks in Physics, Chemistry and Biology (PCB) taken

goether in the KAIET 2008.

16 The said brochure does not prescribe for any discretion to

be 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 more

than 50% marks in Physics, Chemistry and Biology (PCB) taken

goether in the KAIET 2008. The only relaxation which candidate

could get under the said brochure was relaxation of 10% marks in

Physics, Chemistry and Biology (PCB) taken goether in the KAIET

2008 provided such candidate would have belonged to the Backward

Class.

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   17                Admittedly the Petitioner has secured 45.66% marks in

Physics, Chemistry and Biology (PCB) in the Higher Secondary

Examination and had secured 113 out of 200 marks in the KAEIT

2008. The marks which were to be considered for grant of such

admission in BDS course in open category was required to be more

than 50% marks in Physics, Chemistry and Biology and 40% marks in

case of a backward class candidate.

18 In our opinion if the Petitioner would have been granted

admission in NRI quota, the Petitioner would not have submitted any

caste certificate to get an admission in the said BDS course under NRI

or management quota. It is thus clear that the caste certificate

submitted by the Petitioner was submitted to avail of the relaxation of

10% available to a reserved category candidate for getting admission

to such BDS course. The learned Counsel for the Petitioner could not

explain as to why the Petitioner submitted such caste certificate if he

was granted admission in management quota.

19 We are not making any observation in respect of the

pending investigation going on against the Petitioner. The law shall

take its own course in the ongoing proceedings against the Petitioner.

In our view the Petitioner had fraudulently obtained admission by

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submitting a fake certificate. The Respondent No.2 is thus justified in

cancelling the B.D.S. Degree certificate obtained by the Petitioner.

Under Section 10 of the Maharashtra Scheduled Castes, Scheduled

Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other

Backward Classes and Special Backward Category (Regulation of

Issuance and Verification of) Caste Certificate Act, 2000, it is clearly

provided that whoever not being a person belonging to any of the

Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta

Jatis), Nomadic Tribes, Other Backward Classes or Special Backward

Category secures admission in any educational institution against a

seat reserved for such Castes, Tribes or other Backward or Special

Backward Classes or secures any appointment in the Government,

local authority or in any other Company or Corporation, owned or

controlled by the Government or in any Government aided institution

or Co-operative Society against a post reserved for such Castes, Tribes

or Classes by producing a false Caste Certificate shall, on cancellation

of the Caste Certificate by the Scrutiny Committee, be liable to be

debarred from the concerned educational institution, or as the case

may be, discharged from the said employment forthwith and any other

benefits enjoyed or derived by virtue of such admission or

appointment by such person as set out therein shall be withdrawn

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forthwith.

20 In our view the Petitioner having obtained the BDS

Degree from Respondent No.2 on the basis of such false certificate has

committed a fraud on the Constitution of India. The Petitioner is,

thus, liable to restore all the benefits obtained by the Petitioner on the

basis of such Degree obtained with the support of a false caste

certificate.

21 In our view the order passed by Respondent No.2

withdrawing the degree obtained by the Petitioner by such fraudulent

means does not warrant any interference. We make it clear that the

findings herein are confined to this Petition. Writ Petition is totally

devoid of merit. We accordingly pass the following order :

                    i)          Writ Petition No.2433 of 2021 is dismissed.


                    ii)         No order as to costs.




         ( R.I. CHAGLA, J. )                               ( R.D. DHANUKA, J. )




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