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Madhya Pradesh High Court · body

2014 DIGILAW 289 (MP)

Gulab Singh Mathur v. State of M. P.

2014-03-12

D.K.PALIWAL, S.K.GANGELE

body2014
ORDER Gangele J. 1. The applicant has filed this application under section 439 of CrPC. 2. An offence under sections 419, 420, 466, 471, 120 B read with sections 3/4 of Pariksha Adhiniyam has been registered against the applicant vide Crime No.449/2013 at Police Station, Jhansi Road, Gwalior. The allegation against the applicant is that he had got admission in medical college on the basis of an entrance examination conducted in the year 2008 named as “Pre-medical Test”. The applicant did not appear in the examination and on behalf of the applicant somebody else appeared in the examination. 3. When the complaints were received, the documents of the applicant were examined by a committee constituted by G.R. Medical College and it was found that there were difference of signatures in OMR sheet, RASA sheet and allotment form submitted at the time of examination and the signatures of the applicant. There is also evidence that the applicant had given Rs.3,25,000/- to Mr. Mukesh Nagar and on behalf of the applicant somebody else appeared in the examination and thereafter he got his admission. The applicant could not clear the first year of the course even in 2-3 years. He is a student of 2008 batch and as informed by the counsel for the petitioner he cleared his first year examination. 4. It is appropriate to mention some facts in this bail application in regard to illegal admissions in medical colleges by hundred of students in the State of Madhya Pradesh. A large scam has been unveiled in regard to admission and procedure of examination conducted by the VYPAM. In that connection, number of persons have been arrested. Mr.O.P.Shukla, Personal Assistant of Minister Mr.Laxminarayan Sharma and an owner of the medical College at Indore Mr. Bhandari and other persons have been arrested by the police. A Special Investigation Team (SIT) was constituted by the Government to investigate the scam. In Gwalior, a criminal case against Mr.Rakshpal Singh Bhadoria, CSP has also been registered and he is absconding. Majority of the medical students are also absconding. The allegation is that with the connivance of the middlemen and officers of VYAPAM, the parents of the students had given an amount ranging in lacs to the persons and thereafter somebody else appeared on behalf of the students in the examination and the students secured their selection. Majority of the medical students are also absconding. The allegation is that with the connivance of the middlemen and officers of VYAPAM, the parents of the students had given an amount ranging in lacs to the persons and thereafter somebody else appeared on behalf of the students in the examination and the students secured their selection. When the scam was unveiled in various medical colleges committees were constituted to identify the documents of suspected students. In that circumstance, a Committee was constituted at G.R. Medical College, Gwalior and it had verified the documents submitted by the applicant and submitted its report as mentioned above in the order. In the report, it is mentioned the fact that there were difference of signatures in OMR sheet and RSA sheet allotment form submitted at the time of examination and the signatures of the applicant. 5. The case is not a simplicitor one. It is a part of large scam. Medical profession is not an ordinary profession. The standard of medical education has core relation with the well being of society and health of citizens. There is no dispute that male or female both are the best creatures in the universe. It is pious duty of the State and society that best talents be made available in medical profession, that is why a competition has been introduced for the purpose of admission in medical colleges. If incompetent persons, rather persons who have no caliber be permitted to be admitted in the medical colleges, then the whole medical educational system would be affected and people would loose faith in medical profession, rather the life of the citizens would be in danger. 6. The investigation is under progress. The charge sheet has not been filed. Looking to the gravity of the charges, in our opinion, at this stage, it would not be appropriate to grant bail to the applicant, however, the applicant is at liberty to file application after filing of the charge sheet. With the aforesaid observations, MCrC is disposed of.