Bombay High Court: The Bench comprising of V.M.Kanada & P.R.Bora, JJ., held that the rejection of non- creamy layer certificate issued by District Collector, Pune is valid but the education of the candidate concern was protected by the court.
The petitioner being an OBC, got admission in a medical college of Pune on the reserved seat category. The respondent contended that father of the petitioner was a qualified Medical Surgeon and proved with documentations that his “Gross Professional Income” is more than what it should be for claiming benefit under OBC belonging to non-creamy layer category. Petitioner claimed that her father’s professional income and income received from other sources are wrongfully clubbed and thus, it resulted in illegal cancellation of her non- creamy layer certificate.
The High Court rejected the request of petitioner to set aside the order, canceling her non- creamy layer certificate but her prayer, not to cancel her seat was accepted. Court further said that the petitioner might have been under bona-fide belief therefore court laid down the “principle” stating that the education of the candidate concerned can be protected as she is already in her final year and canceling her degree will deprive the service of doctor to the society on whom public money had already been spent, in-spite of the basis on which caste benefit is claimed is invalidated. Court further stated that a payment of Rupees 10 Lakhs as reimbursement must be made to the State Government and after completion of her degree she is bound for 5 years to render service as government medical officer. [Aishwarya Dhananjay Patil v. State of Maharashtra, 2017 SCC OnLine Bom 779, decided on 05.05.2017]
