RAJ MOHAMMED ALI MERCHANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(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 :

(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 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.