MBBS admissions secured through Fraud, quashed and set aside..

The MBBS admission which was out come of a well- orchestrated strategy of deceit and deception should be and have been rightly cancelled...

The 3 Judges bench of Hon. Apex Court came down heavily on the MBBS admissions secured illegally in its recently reported judgment in the case of Nidhi Kami & Ors. V/s. State of M.P. & ors. ( 2017(5) Mh.L.J. 1).

Facts in short:

1. The MBBS admissions of the Appellants were cancelled by Vyapm ( M.P. Professional Examination Board) on the ground that the admissions were the outcome of unfair means during the Pre-Medical Test. It relates to the years 2008 to 2012.

2. The Appellants challenged the cancellation before M.P. High Court, but the M.P. High Court rejected all the petitions and hence the Appellants approached the Apex Court before 2 Judges Bench.

3. However one of the Hon. Justice, J. Chelmeshwar took the view that complete justice would be served if the admissions already secured are confirmed in view of Art.142 of Constitution. On the other hand the othe member of the division Bench, Justice Abhay Manohar Sapre was of the opinion that Art.142 cannot be invoked to the Appellants who have secured their admissions through unfair means.

4. Thus the matter was referred to larger bench to decide over the divergence between former 2 Judges.

 Students' defense in brief :

5. The Appellants were harping on earlier decisions of Apex Court and more particularly the decision in the case of Priya Gupta V/s. State of Chhatisgarh (2012) 7 SCC 433, wherein though the admissions of those Appellants were held to be illegal, same were not cancelled and they were ordered to pay to Rs.5 lakhs each to the college. 

It was so argued on behalf of the Appellants in present case that present case ca not be equated with the immovable property case where after the result of case rightful owner is given back the possession of the property.

Whereas in the present case the knowledge acquired by the Appellants cannot be "transferred" otherwise meritorious candidates, even if the admissions of the Appellants are cancelled.
6. It was also tried to be argued on behalf of some of the Appellants that they are the victims of cut throat competition, limited seats in good colleges and they also had to fullfil the expectations of their parents and hence they opted for the already rotten system of admissions.
7. It was also pointed out that since these days there is paucity of good medical professionals, the Appellants be permitted to serve the society !!

Stand of State in short :

A. It was pointed out that few fake students appeared for the Appellants with fake identity. In Police raids about 20 fake students were arrested. Against some of the Appellants, criminal cases were filed..
It was also submitted that if the Appellants are allowed to keep their seats, then it would certianly affect the moral of meritorious students...
It was also pointed out that the Appellants who are still young  could turn a fresh leaf in their life by working hard..

Held :

1. The Apex Court did not approve any of the admissions and came down heavily on the increasing fraduelnt Tendencies to secure admissions by any means.
The Court observed that there is logic and legitimacy in the submissions of both side, but one which is based on legality and suppprted by reasons, can be accepted...

2. It's a basis principle of Law that " Fraud vitiates everything and fraudulent litigant can be thrown out of the Court at any time. (Please see S.P. Chengalvaria Nandu judgment 1994(1) SCC 1).

3. The Apex Court observed that jurisdiction under Art. 142 to do complete justice cannot be invoked to salvage and legitimise acts of fraduelnt character, here MBBS Admissions secured through trickery.. It would amount to allowing a thief to retain the stolen property.
The court termed the argument made on behalf of Appellants as "attractive but not sustainable " which suggested that the Appellants are ready to give up the benefits achieved by them and they be put to stringent social service...

4.The Apex Court refused to apply the radio of Priya Gupta case and observed that  in Priya Gupta case those students were otherwise entitled for MBBS admissions on their own merit in private college. The wrong committed by them was that they moved from a costly seat (fees in lacks) in a private college to cheaper option (rs.4000) in Govt. College... Thus Priya Gupta judgement is not applicable on facts of the present case...

What an important judgement is this.. A lesson for all the Medical aspirants.. Success always come by hard work and such success lasts long... See the paradox, there were news recently that due to lack of students, few thousand medical seats are unoccupied... The reasons are varied.. Many Practising Doctors don't want their kids to be in their profession.... Cost of education, Govt. Policies, attacks on Drs..
 Its true that in this world of cut throat competition, students are under tremendous pressure, but such pressures are every where.... It's also true that we need good quality Doctors... But not based on the fraudulent tactics right from the admissions itself....

Thanks and regards,

Adv. Rohit Erande.
Pune. ©