Supreme Court Imposes Rs 10 Lakhs Costs For Taking Foreign Medical Admission With False Age Declaration

The Supreme Court while deprecating the practice of getting admission in a medical course in a Foreign University without an eligibility certificate observed that furnishing false information to the authorities for the purpose of issuance of eligibility certificate is an attempt to hoodwink the authorities.

The bench of Justices LN Rao and BR Gavai was considering a civil appeal preferred by National Medical Commission assailing Manipur High Court's order wherein the court directed MCI/Board of Governors to grant eligibility certificate to the respondent's son.

While declining to interfere in the High Court's order taking into account the respondent son's had completed his medical court in June 2020 the bench observed that,

"The practice adopted by the respondent in getting his son admitted in the medical course in a foreign University without an eligibility certificate is deprecated. Further, furnishing false information to the authorities for the purpose of issuance of eligibility certificate is an attempt to hoodwink the authorities. In view of the admission of the respondent's son being contrary to the regulations and in view of the false information given by the respondent in the application filed for eligibility certificate, in the normal course, we would have set aside the judgment of the High Court and allowed the appeal filed by the National Medical Commission. However, in the peculiar facts and circumstances of this case, taking into account the future of the 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 Court also imposed a cost of Rs 10 lakhs on the respondent for making false declaration.

Factual Matrix

Respondent's son L. Binin Singh who passed his Higher Secondary examination in 2014 had applied for UG medical course in Ukraine. On September 24, 2019 after getting admission and joining the course, Singh filed an application for issuance of 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 eligibility certificate was November 1, 1998.

MCI on October 11, 2019 issued a show cause notice directing the respondent's son to explain as to why his application should not be rejected on the ground that he had pursued admission to MBBS course before he attained the age of 17. Responding to the show cause notice, Singh submitted an explanation.

Thereafter the respondent filed a writ petition before the High Court seeking issuance of directions to the NMC 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 High Court disposed of the writ by directing NMC to dispose of the respondent's representation within a period of one month from date of receipt of order.

On January 30, 2020 NMC as per clause 4(1) of Graduate Medical Education Regulations, 1997 rejected respondent's request for grant of eligibility certificate on the ground that he did not attain the age of 17 years at the time of admission in 2014.

Challenging the validity of the letter, the respondent filed a writ challenging the validity of the letter dated January 30, 2020 and also sought directing NMC to issue an eligibility certificate.

The issue that arose for consideration before the High Court was whether the admission of respondent's son to the medical course was in accordance with the regulations. The High Court allowed the writ on the ground that respondent's son would face hardship in case eligibility certificate is not issued.

Submission Of Counsels

Appearing for NMC, Advocate Gaurav Sharma submitted that respondent's son was admitted in the medical course in a foreign country without getting an eligibility certificate. He further submitted that after being admitted in the medical course, he applied for the eligibility certificate in which a misrepresentation was made regarding his age. Sharma further contended that respondent's application for grant of eligibility certificate was rejected when later on enquiry it was found that respondent's son was below 17 years.

It was also the counsel's contention that admission of the respondent's son in foreign university without grant of eligibility certificate was contrary to the regulations and that he was guilty of mis- representation for the purpose of getting an eligibility certificate. Assailing High Court's order, Sharma argued that relief was granted to respondent's son only on the ground that his future prospects would be affected.

Appearing for the respondent', Senior Advocate N Jotendro Singh argued 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.

The Top Court while declining to interfere directed the respondent 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," the bench further noted in the order.

The Top Court in addition to payment of costs directed respondent's son to perform charitable service by working with the government for a period of two years after his successful completion of FMG screening Test.

Case Title: National Medical Commission v. Loitongbam Bimolchandra Singh & Anr.| Civil Appeal Nos.1218-1219 of 2022

Coram: Justices LN Rao and BR Gavai

Counsels for NMC: Advocate(s) Gaurav Sharma, Dhawal Mohanand Prateek Bhatia

Counsels for Respondents: Senior Advocate N. Jotendro Singh, Advocate(s) David Ahongsangbam, Syed Murtaza and Rajkumari Banju

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