JUDGMENT Hon’ble Rajiv Sharma, J.—Heard Sri Sandeep Dixit, Counsel for the petitioner, Sri D.K. Upadhyaya, appearing for the King George’s Medical University and State Counsel. 2. Aggrieved by the order dated 8.5.2006, passed by the Vice Chancellor, King George’s Medical University [now known as “Chhatrapati Sahuji Mahraj Medical University”] whereby the MBBS degree of the petitioner has been cancelled as also the admission in M.S. General Surgery, the petitioner has filed the instant writ petition. The petitioner has also sought a direction against the University for permitting him to appear in the examinations of M.S. General Surgery. 3. Before filing the aforesaid writ petition, the petitioner has filed writ petition No. 2293[MS] of 2006 for quashing of the suspension order dated 20.4.2006 and other consequential reliefs. 4. Brief facts of the case are, that the petitioner applied as Scheduled Caste and Ex-Army candidate in the Combined Pre Medical Test conducted by the Bundelkhand University, Jhansi and was declared successful. He was given admission in King George’s Medical College, Lucknow in the year 1992. After completion of Internship and House Job, the petitioner appeared in Post Graduate Examination and after some initial hassles; he was allotted M.S. General Surgery. The petitioner had completed two years post graduate course and while pursing third year M.S. General Surgery, he was placed under suspension by the order dated 20.1.2006 and by the order/notice dated 24.1.2006 the petitioner was expelled for a period of three years by the Vice Chancellor. 5. The aforesaid orders/notices were challenged by the petitioner in writ petition No. 443/MS/2006 which was taken up on 1.2.2006. As the Counsel for the University made a statement that the notice dated 24.1.2006 has been withdrawn, therefore, the writ petition was dismissed. 6. On 6th March, 2006, a charge-sheet was issued against the petitioner in which 4 charges were levelled against the petitioner which were with regard to the caste certificate, High School Certificate, misappropriation of assets and incident of arson and vandalism said to have taken place on 11.1.2006/12.1.2006. 7. It is stated by the Counsel for the petitioner that the petitioner had applied as Ex-Army and Scheduled Caste Candidate and furnished certificate to this effect. The petitioner obtained 783 marks out of 1200, which were the highest marks against the quota for Ex-Army candidates. 7. It is stated by the Counsel for the petitioner that the petitioner had applied as Ex-Army and Scheduled Caste Candidate and furnished certificate to this effect. The petitioner obtained 783 marks out of 1200, which were the highest marks against the quota for Ex-Army candidates. With respect to the caste certificate an enquiry was conducted by the University in the year 1995 and the report was sought from the District Magistrate, Shahjahanpur and at the same time the authorities also asked the petitioner to furnish fresh caste certificate. In pursuance thereof, the petitioner also moved an application for issue of fresh caste certificate on 8.6.1995. The District Magistrate sought the report from the concerned authority and ultimately it was mentioned that action is being taken. The petitioner, however added that before passing of the said order dated 8.6.1995, the report was sought for from Tehsildar Powayan, in order to verify the caste of the petitioner. 8. It is submitted by the learned Counsel for the petitioner that after submission of report, the matter was settled and the petitioner was allowed to pursue his MBBS course and was also awarded degree. Thereafter he appeared in U.P. Post Graduate Medical Entrance Examiantion-2003 and on the basis of merit in the said examination, he was given admission as an Open Category candidate in M.S. General Surgery in K.G. Medical College. 9. Learned Counsel for the petitioner has submitted that in the year 1995 a thorough inquiry has already been got conducted by the University but the same was not relied upon and the report dated 18.2.2006 has been taken into consideration, which was conducted ex parte against the petitioner by the District Magistrate, Shahjahanpur and that too without taking into consideration the earlier inquiry report submitted by the then District Magistrate. 10. As regard the other charge with regard to disproportionate assets, the petitioner’s Counsel submitted that the petitioner is not a public servant and he is only a student. As a student, he is not under legal obligation to disclose the assets at the time of admission. He also submitted that with regard to incident said to have taken place on 11.1.2006, an FIR was also lodged. 11. A three member Enquiry Committee to be headed by Dr. S.C. Tewari was constituted. Before the said Enquiry Committee the petitioner when appeared on 5.4.2006, only one member i.e. Dr. He also submitted that with regard to incident said to have taken place on 11.1.2006, an FIR was also lodged. 11. A three member Enquiry Committee to be headed by Dr. S.C. Tewari was constituted. Before the said Enquiry Committee the petitioner when appeared on 5.4.2006, only one member i.e. Dr. S.C. Tewari was present. The petitioner demanded documents and opportunity of being heard, but to the utter surprise of him, a show cause notice dated 19.4.2006 was served upon the petitioner. The petitioner immediately submitted a reply on 25.4.2006 demanding the documents and opportunity for grant of time to defend himself and also to supply a copy of the inquiry report. 12. According to the petitioner, as the authorities were determined to pass final order in pursuance of the wholly malafide inquiry against the petitioner, the petitioner filed a writ petition bearing writ petition No. 2293 [MS] of 2006 before this Court and on 8.5.2006, this Court was pleased to pass following order : “....In the meantime it is provided that in case opposite parties take any action against the petitioner adversely affecting his academic career then they shall provide the petitioner the opportunity of hearing as well as to file objection, in case, it has not been done.” 13. To the utter surprise and shock of the petitioner, on the same day, when the aforesaid order was passed by this Court, the authorities passed the impugned order dated 8.5.2006. Learned Counsel for the petitioner has vehemently argued that the impugned order is not only in blatant disregard of the principles of natural justice but is an ante-dated order, which would be evident from the fact that had this order was in existence on that date, then the Counsel for the University, in whose presence the order was passed on 8.5.2006, would have brought it to the notice of this Court. 14. Sri Sandeep Dixit also argued that the order dated 8.5.2006 cannot survive in view of the fact that the report submitted by the District Magistrate in the month of July, 1995 to the authorities of the University in which it was mentioned in unequivocal words that the petitioner belongs to the “Karwal Caste” and falls in Scheduled Caste category, has not been taken into consideration. 15. 15. Placing reliance on Rajendra Singh v. State of M.P. and others, (1996) 4 SCC 460; Style (Dressland) v. Union Territory, Chandigarh and another, and Union of India v. Millennium Mumbai Broadcaste Private Limited, (2006)10 SCC 510 , learned Counsel submitted that the impugned order has been passed without affording reasonable opportunity to the petitioner to defend himself and the documents which were relied upon by the Enquiry Committee and the Vice Chancellor were not supplied to the petitioner in order to make effective reply. 16. Sri Sandeep Dixit also placed reliance on (2001) 1 SCC 4 , State of Maharashtra v. Milind and (2004) 2 SCC 105 , R. Vishwanatha Pillai v. State of Karnataka, and submitted that the cardinal principle of law is that if falsehood of the caste certificate submitted by the student is detected within a short period of his getting admission in the professional course, his admission is liable to be cancelled but where he has completed the course and acquired the degree, his case shall be treated on a different footing. In such cases only a limited relief of protection of his professional degree may be granted. In the instant case, the authorities in the year 1995 reported to the University authorities that the petitioner belongs to ‘Karwal’ Caste and falls in a scheduled caste category. This report was not at all taken into consideration while passing the impugned order. 17. Sri D.K. Upadhyay appearing for the University submitted that the petitioner is a general category candidate but he obtained admission in M.B.B.S. by misleading the facts and posing himself to be a member of the scheduled caste category. The caste certificate submitted by him at the time of admission was either fabricated or was obtained by the petitioner by misrepresenting the facts. When all these facts came to the knowledge of the authorities, an enquiry was conducted by the District Magistrate, Shahjahanpur, which is the native place of the petitioner. In the report submitted by the District Magistrate, it has been mentioned that the petitioner does not belong to Scheduled Caste category. Thus, the petitioner obtained admission in M.B.B.S. Course as a Scheduled Caste candidate by misrepresenting the facts. 18. In the report submitted by the District Magistrate, it has been mentioned that the petitioner does not belong to Scheduled Caste category. Thus, the petitioner obtained admission in M.B.B.S. Course as a Scheduled Caste candidate by misrepresenting the facts. 18. As regard the opportunity of hearing, Sri D.K. Upadhyaya submitted that the Inquiry Committee, which was a three members committee, gave reasonable opportunity to the petitioner and submitted its report on 6.4.2006 to the Vice Chancellor, who after considering the report took a decision to pass the impugned order, which is legally justified. The conduct of the petitioner comes within the category of fraud and misrepresenting himself to get benefit for which he is otherwise not eligible. Elaborating further, he submitted that a person who comes to the Court with a false claim cannot plead equity, nor would the Court be justified to exercise equity jurisdiction in his favour. Equity jurisdiction cannot be exercised in case of a person, who got the admission on the basis of a false caste certificate by playing a fraud. Therefore, no sympathy and equitable consideration can come to his rescue. 19. Learned Counsel for the University next argued that the petitioner’s admission to pursue graduation in medical course was on the basis of scheduled caste candidate, which declaration was wrongly given by him. The petitioner cannot claim a right to the degree as he had usurped the seat meant for a reserved category candidate by playing a fraud and producing a false caste certificate. The competent authority after conducting enquiry has declared the petitioner to be a member of ‘Kalawar’ community, which do not fall in Scheduled Caste category. When it is established that the petitioner is not a member of Scheduled Caste community, there was no need to provide him opportunity even then he was given ample opportunity. As a consequence of playing fraud, the petitioner has disentitled himself to hold the degree and to get admission in post graduate course. 20. It is an admitted fact that the petitioner obtained admission in MBBS course in the year 1992 as an Ex-Army and Scheduled Caste candidate. In the year 1995, the College authorities sought information from the District Magistrate, Shahjahanpur regarding the caste of the petitioner. 20. It is an admitted fact that the petitioner obtained admission in MBBS course in the year 1992 as an Ex-Army and Scheduled Caste candidate. In the year 1995, the College authorities sought information from the District Magistrate, Shahjahanpur regarding the caste of the petitioner. The petitioner was also directed to produce caste certificate and as such the petitioner made an application to the District Magistrate, on which an endorsement was made that in this regard, enquiry is being conducted. However, there was another endorsement made on the said application (Annexure-9 to the writ petition) to the effect that “Rajkumar son of Bab Ram resident of Bhurkhera, Bada Gaon, Tehsil Puwayan belongs to “Karwal” caste, which comes under the Scheduled Caste category.” 21. I am unable to understand that if there was any wrong declaration made by the petitioner in the Entrance Form, why the University Authorities did not take prompt steps in the matter and allowed the petitioner to complete the MBBS course and thereafter he also appeared in U.P. Post Graduate Medical Entrance Examination 2003. The impugned order cancelling the degree of MBBS has been passed after 14 long years. This itself shows that the authorities were not serious in discharge of their onerous duties. It appears that authorities came out of their slumber when his possible involvement in arson and vandalism in the University Camps on the night of 11-12th January, 2006 came into light and only thereafter, by the order dated 24.1.2006 the petitioner was expelled for a period of 3 years though the said order, later on, was cancelled. 22. I also find force in the submission advanced by Sri Sandeep Dixit that the impugned order is an ante-dated order which can be inferred from the fact that had this order was in existence on 8.5.2006, then why this important and vital fact was not brought to the knowledge of the Court when the writ petition No. 2293 [MS] of 2006 was taken up on 8.5.2006 and certain directions were issued. 23. In the present case, the necessary verification of caste certificate, academic qualifications etc. was not made at the time of admission. The petitioner was admitted in MBBS course in the year 1992. After three years, may be on account of some doubts regarding caste certificate, took few steps for ascertaining the actual caste of the petitioner. 23. In the present case, the necessary verification of caste certificate, academic qualifications etc. was not made at the time of admission. The petitioner was admitted in MBBS course in the year 1992. After three years, may be on account of some doubts regarding caste certificate, took few steps for ascertaining the actual caste of the petitioner. Thereafter the authorities remained idle and allowed, the petitioner to complete the MBBS course, internship etc. In the year 2006 when the petitioner was pursuing Post Graduation in General Surgery, again the authorities initiated process for verification of caste. This itself reflects the lackadaisical and callous attitude of the authorities. 24. In these circumstances, it is directed that the opposite party No. 4 shall issue a circular to all the Universities and Professional Colleges to verify the genuineness of the caste certificate, academic qualification and other documents which is furnished by a candidate for the purposes of admission or claiming any other benefit, within a period of six months from the date admission is given to a candidate so as to avoid usurping of a seat by a candidate, who otherwise is not eligible for that very seat. 25. In State of Maharashtra v. Milind, (2001) 1 SCC 4 a Constitution Bench of the Hon’ble Supreme Court while permitting the candidate to retain the degree obtained by him even though his claim as member of the Scheduled Tribe was rejected, observed as under : “38. Respondent 1 joined the medical course for the year 1985-86. Almost 15 years have passed by now. We are told he has already completed the course and may be he is practicing as a doctor. In this view and at this length of time it is for nobody’s benefit to annul his admission. Huge amount is spent on each candidate for completion of medical course. No doubt, one Scheduled Tribe candidate was deprived of joining medical course by the admission given to Respondent 1. If any action is taken against Respondent 1, it may lead to depriving the service of a doctor to the society on whom public money has already been spent. In these circumstances, this judgment shall not affect the degree obtained by him and his practicing as a doctor. But we make it clear he cannot claim to belong to the Scheduled Tribe covered by the Scheduled Tribes Order. In these circumstances, this judgment shall not affect the degree obtained by him and his practicing as a doctor. But we make it clear he cannot claim to belong to the Scheduled Tribe covered by the Scheduled Tribes Order. In other words, he cannot take advantage of the Scheduled Tribes Order any further or for any other constitutional purpose. Having regard to the passage of time, in the given circumstances, including interim orders passed by this Court in SLP © No. 16372 of 1985 and other related affairs, we make it clear that the admissions and appointments that have become final, shall remain unaffected by this judgment.” 26. In R. Vishwanath Pillai v. State of Kerala, (2004) 2 SCC 105 , the appellant on the basis of a caste certificate took admission in Regional Engineering College at Calicut against a seat reserved for a Scheduled Caste candidate. The Scrutiny Committee found that the appellant’s father did not belong to Scheduled Caste category and therefore, the appellant’s admission was cancelled and his name was removed from the rolls of the College. However, in the interregnum and under the interim orders of the Court, he completed 6th, 7th and 8th Semester examination but the result was not declared, so the petitioner approached the Kerala High Court but his claim was rejected. The Hon’ble Supreme Court after considering various case laws allowed the appeal with a rider that henceforth the appellant would be treated as a person belonging to the general category for all purposes. The Hon’ble Apex Court in the concluding paragraph of the report observed as under : “... In this case we find that the appellant had joined Regional Engineering College in the year 1992. He completed the course of his studies in the year 1996 under the interim orders of (sic the High) Court which were subject to the final orders to be passed in the writ petition. No purpose would be served in withholding the declaration of the result on the basis of the examination already taken by him or depriving him of the degree in case he passes the examination. No purpose would be served in withholding the declaration of the result on the basis of the examination already taken by him or depriving him of the degree in case he passes the examination. In terms of the orders passed by the Constitution Bench of this Court in State of Maharashtra v. Milind, we direct that his result be declared and he be allowed to take his degree with the condition that he will not be treated as a Scheduled Caste candidate in future either in obtaining service or for any other benefits flowing from the caste certificate obtained by him. His caste certificate has been ordered to be cancelled. Henceforth, he will be treated as a person belonging to the general category for all purposes." 27. Without entering into the question, whether adequate opportunity was afforded to the petitioner or not and whether the charges sought to be levelled against the petitioner, could at all be levelled against him or not, since the case of the petitioner is squarely covered with the aforesaid decisions of the Hon’ble Supreme Court wherein the Hon’ble Supreme Court after considering various citations directed the authorities to allow the appellant to take a degree but restrained him from taking any advantage of the Scheduled Caste Certificate in future. It may be added that cancellation of degree would not give any material advantage to the respondent but on the other hand, the same would cause grave and irreparable loss and hardship to the petitioner as it would affect his future career. Moreover, huge amount of public money has been spent on the petitioner for completion of medical course, which would go waste. 28. Applying the aforesaid principles and logic, the writ petition No. 3065 [MS] of 2006 is allowed and the impugned order dated 8.5.2006 contained in Annexure-21 to the writ petition passed by the Vice-Chancellor is hereby quashed. The petitioner shall be given the degree of MBBS with the condition that he will not be treated as a Scheduled Caste candidate in future either in obtaining service or for any other benefits. 29. I would like to record that profession of a doctor is a noble profession and even in these days the public at large hold a doctor in a high esteem because of their selfless dedication to treat the poor and needy. 29. I would like to record that profession of a doctor is a noble profession and even in these days the public at large hold a doctor in a high esteem because of their selfless dedication to treat the poor and needy. The public has repeatedly demonstrated its trust in doctors and this public trust must be maintained. Thus, it is expected from the petitioner that he should hold back in indulging in activities which may put the noble profession to disrepute and allay the expectations of general public. It is expected of him that he will make earnest endeavour to serve the society with utmost sincerity and fidelity. 30. Before parting, I would like to mention that it is not disputed by the respondents that the petitioner was given admission as a General Category candidate in M.S. General Surgery, as is evident from the letter dated 17th December, 2003 written by the Director General, Medical Education and Training to the Registrar, King George’s Medical University, Lucknow. From the record it appears that at the relevant time when the impugned order was passed the petitioner had completed two years in M.S. General Surgery, therefore, the petitioner shall be allowed to complete M. S. course, in case he was not permitted to complete the same on account of the impugned order. 31. Since writ petition No. 3065 (MS) of 2006 has been allowed, the writ petition No. 2293 [MS] of 2006 also stands disposed of finally. 32. Let a copy of this order be sent by the Registry to the Chief Secretary, Government of U.P. the Principal Secretary, Medical Education and Director General, Medical Education within a week for necessary compliance. ————