SC imposes Rs 10 Lakhs costs for taking Foreign Medical Admission with false age declaration

 

The Supreme Court recently comprising of a bench of Chief Justice Sanjoy Karol and Justice S. Kumar imposed Rs 10 Lakhs costs for taking Foreign Medical Admission with false age declaration. (National Medical Commission v. Loitongbam Bimolchandra Singh & Anr)

Facts of the case

The Son of respondent No.1, had passed his matriculation exam in the year 2012 and thereafter passed his Higher Secondary examination in 2014. Respondent had applied for an undergraduate medical course in Ukraine. After getting admission and joining the course, he filed an application for issuance of an eligibility certificate in which it was stated that he was "17 years, 3 months and 30 days" on 31st December of the admission year. The date of birth given in the application form filed for issuance of the eligibility certificate was 01.11.1998. A show-cause notice was issued by the Medical Council of India on 11.10.2019 directing the respondent's son to explain as to why his application 2 should not be rejected on the ground that he had pursued admission to the MBBS course before he attained the age of 17. An explanation was submitted by the respondent to the said show-cause notice.

The respondent filed a writ petition before the High Court seeking a direction to the appellants to issue the eligibility certificate as the Medical Council of India did not pass any order pursuant to the explanation submitted by the respondent. The said petition was disposed of with a direction to dispose of the representation made by the respondent within a period of one month from the date of receipt of the order.

By a letter dated 30.01.2020, the respondent’s request for a grant of eligibility certificate was rejected on the ground that he didn’t attain the age of 17 years at the time of admission in 2014. As per clause 4 (1) of Graduate Medical Education Regulations, 1997 a candidate seeking admission in MBBS or equivalent medical course shall complete the age of 17 years on or before 31st December of the year of admission. The respondent filed a writ petition challenging the validity of the letter and for a direction to the appellant to issue the eligibility certificate. The main issue that arose for consideration before the High Court was whether the admission of the respondent’s son to the medical course was in accordance with the regulations. The High Court allowed the writ petition on the ground that the respondent’s son would face hardship if the eligibility certificate was not issued.

Contentions of the parties

Learned counsel appearing for the appellant, submitted that the respondent’s son was admitted in the medical course in a foreign country without getting an eligibility certificate. He urged that the High Court granted relief to the respondent’s son only on the ground that his future prospects would be affected unless relief was granted to him.

Learned senior counsel appearing for the respondent, stated that the error committed by the respondent while filing the application was not intentional. He submitted that the High Court granted relief to the respondent’s son on the ground of equity taking into account the fact that he had already completed the course.

Courts observation and judgment

The court taking note of the submissions of the parties remarked, “In the peculiar facts and circumstances of this case, taking into account the future of respondent’s son who has completed his medical course in June 2020 and that he was not responsible for whatever was done by the respondent, we are not inclined to interfere with the order passed by the High Court. The appeals are, accordingly, disposed of. Pending application(s), if any, shall stand disposed of.”

The court further dismissed the petition issued directions to the respondents.

The bench noted, “The respondent No.1 is directed to pay Rs.10,00,000/-as costs to the Manipur Legal Services Authority within a period of 8 weeks for filing a false declaration in the application form that was submitted for issuance of eligibility certificate. Subject to the above, the appellant is directed to issue the eligibility certificate within a period of 8 weeks from today. In addition to the payment of costs, the respondent’s son shall perform charitable service by working with the government for a period of two years after his successful completion of FMG screening Test.

The contempt petition filed by the respondent stands closed. This order shall not be treated as a precedent as it is passed in the peculiar facts and circumstances of this case.”

 

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(With input from news agency language)

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