Why Supreme Court allowed 2 medical graduates to pay Rs 10 lakh and receive degrees despite invalid tribe certificates

The bench clarified that the direction to issue degrees was passed in exercise of its powers under Article 142 (enforcement of decrees) of the Constitution, therefore, the order shall not be treated as a precedent.

What was the case?

• The appellants before the Supreme Court had secured admission in medical courses on reserved seats based on tribe certificates, which were subsequently found to be invalid and cancelled.
• The Bombay High Court dismissed their writ petitions.
• Before the Supreme Court, the appellants argued that since they had completed their courses on merit and cleared all examinations, they should be permitted to receive their degrees upon undertaking not to claim any future reservation benefits.
• The state and the university opposed the plea, contending that the admissions were void ab initio and no benefit should flow from them.

Supreme Court’s observations

• That the appellants secured admission based on tribe certificates, which have since been cancelled, is not in doubt.
• Nonetheless, sight cannot be lost that their tribe certificates were invalidated after they had graduated.
• Bearing in mind the fact that the appellants have completed their curriculum for the medical courses and ultimately succeeded in the examinations written by them, we are of the considered opinion that refusing even partial relief to them would not be in the best interests of society.
• After all, if indeed partial relief is refused, not only would the two seats occupied by the appellants go waste, their efforts in succeeding in the examinations would also be of little use to society.
• It is nobody’s case that the appellants succeeded in the examinations other than on merits.

• As it is, the country lacks enough qualified doctors. Granting partial relief to the appellants by directing the university to issue them the degrees/certificates thereby entitling them to join the medical profession, on facts and circumstances, would not compromise merit; rather, it would enable qualified doctors to serve the public.
• The service that these appellants could render to the society in the long run would outweigh the consequences stemming from the flaws in the admission process, which have subsequently come to the fore.
• A pragmatic view requires to be adopted. However, any undertaking given by the appellants not to claim reservation benefits in future would certainly not suffice.
• The appellants cannot be allowed to go scot-free so easily. It can hardly be ignored that in the process of admission based on certificates subsequently found invalid, the appellants had deprived eligible candidates who could have secured admission in their place on the basis of their genuine tribe claim; hence the appellants have to pay some price.

Justices Dipankar Datta and Rajesh Bindal clarified that the order shall not be treated as a precedent.

Court’s directions

• Appellants shall deposit Rs 10 lakh each with the MUHS vice-chancellor within three months.
• Within 24 hours of the deposit, the university shall proceed to issue the degrees/certificates to the appellants and hand it over to them.
• Upon receiving the degrees/certificates, the appellants shall be entitled to avail the benefits thereof by enrolling themselves with the appropriate medical council.
• The university shall be under obligation to identify the candidates who were deprived of admission in the medical courses by reason of grant of admission to the appellants.
• Upon such identification, the vice-chancellor shall take steps for releasing the amounts in favour of the deprived candidates.
• If the sums of Rs 10 lakh each are not deposited by the appellants within three months, the vice-chancellor shall inform the registry, whereupon these appeals be placed before us for appropriate orders, which could include but not limited to revocation of the direction of issuing degree/certificate.