“Fraud Vitiates Everything”: Jammu & Kashmir High Court Cancels MBBS Admission as EWS Certificate Obtained Through “Misrepresentation of Material Facts”
Isabella Mariam
The High Court of Jammu & Kashmir and Ladakh has set aside the MBBS admission of a candidate who secured a seat using an EWS certificate obtained while still holding an active Reserved Backward Area (RBA) certificate. Justice Wasim Sadiq Nargal delivered the judgment on March 13, 2025, declaring the EWS certificate invalid as it was procured through concealment and misrepresentation of material facts, thereby violating applicable reservation rules.
The court recorded that the admission secured on the basis of the impugned certificate is unsustainable. It stated, “Fraud vitiates everything. Any action taken based on a fraudulently obtained certificate is null and void in the eyes of the law.” The court further observed that “no person already covered under any other reservation category shall be eligible to claim benefits under the EWS category.” It also directed that the cancellation order passed by the Tehsildar Ramban shall remain valid.
The petitioner, Ansh Mahajan, approached the court under Article 226 of the Constitution of India, challenging the provisional selection list issued by the Jammu and Kashmir Board of Professional Entrance Examinations for MBBS admissions under the EWS category. The petitioner contended that despite meeting the cut-off score of 404 marks for the EWS category in NEET-UG 2024, he was not allotted an MBBS seat, while Mohd. Umar Farooq, who also scored 404 marks, was granted admission to Government Medical College, Jammu under the EWS category.
The petitioner submitted that the private respondent was already a beneficiary of the RBA reservation and that under SRO 518 of 2019 read with the Jammu and Kashmir Reservation Act, 2004, an individual availing benefits under another reserved category cannot claim EWS status. The petitioner contended that Mohd. Umar Farooq obtained the EWS certificate from Tehsil Ramban by suppressing his RBA status and domicile from Banihal.
The petitioner submitted complaints to the competent authorities seeking cancellation of the private respondent’s EWS certificate and alleging that the certificate was issued through misrepresentation. It was further submitted that the petitioner was thereby denied admission to the MBBS course and was compelled to settle for a BDS seat.
The private respondent contended that he had applied to surrender his RBA certificate and later applied for an EWS certificate after shifting his domicile to Tehsil Ramban. The private respondent also challenged the jurisdiction of the Tehsildar who cancelled the EWS certificate.
The authorities submitted that following the petitioner’s complaint, an enquiry was conducted which established that Mohd. Umar Farooq held a valid RBA certificate issued from Tehsil Banihal that had not been surrendered. Based on this report, the Tehsildar Ramban cancelled the EWS certificate on October 31, 2024.
The court observed that the private respondent secured the EWS certificate through misrepresentation. It recorded, “The petitioner concealed and misrepresented his true status as a permanent resident and his RBA classification before the Tehsildar of Ramban.” The court noted that documents on record, including the domicile certificate, RBA certificate, ration card, and Aadhaar, confirmed the private respondent’s domicile status as a permanent resident of Tehsil Banihal and as an RBA category holder.
The court found that the private respondent submitted an affidavit falsely stating that he did not belong to any other reservation category while applying for the EWS certificate. It stated, “The petitioner submitted a false affidavit in support of his application for the EWS certificate, thereby intentionally misrepresenting material facts.”
The court examined the enquiry committee’s findings and recorded, “The enquiry revealed that the petitioner had concealed material facts when applying for the domicile certificate in Ramban, claiming he has no other domicile certificate. However, he already held a valid RBA certificate from Tehsil Banihal.”
Justice Nargal recorded that the EWS certificate was issued in clear violation of SRO 518 of 2019, which disqualifies individuals from availing EWS benefits if they already hold any other reservation category, including RBA. The court observed, “An individual seeking to claim reservation in the Economically Weaker Sections (EWS) category must not fall under any of the reserved categories, including Scheduled Tribes (STs), Scheduled Castes (SCs), Reserved Backward Areas (RBA) or any other similar categories.”
The court rejected the private respondent’s argument that the Tehsildar lacked jurisdiction to cancel the certificate. It recorded, “The authority that issues the certificate is also empowered to revoke or cancel the same, especially in cases of fraud and misrepresentation.”
It was further noted that the private respondent had participated in the enquiry proceedings and was afforded sufficient opportunity to be heard. The court recorded, “The petitioner was afforded adequate opportunity and appeared before the committee in the enquiry proceedings.”
The court observed that the private respondent failed to surrender his valid RBA certificate before seeking the EWS certificate and misled the authorities. It recorded, “The private respondent failed to establish that he surrendered his RBA certificate before applying for EWS status and misled the competent authority at the time of applying.”
It further stated that the MBBS seat obtained by the private respondent at Government Medical College, Jammu was obtained based on a fraudulently procured EWS certificate and, therefore, could not stand in law. The court recorded, “The MBBS seat obtained by the private respondent on the basis of the fraudulently obtained EWS certificate shall also stand cancelled.”
Justice Nargal held that the EWS certificate issued to Mohd. Umar Farooq on August 16, 2024, and the subsequent MBBS admission secured by him, stood annulled. The court recorded, “The EWS certificate issued to respondent No.5 dated 16.08.2024 and his admission to MBBS Course in Government Medical College, Jammu are hereby declared null and void.”
The court directed that the cancellation order dated October 31, 2024, issued by Tehsildar Ramban, shall remain valid. The court further stated, “The petitioner, being next in merit under EWS category, shall be considered for MBBS admission, if a vacancy exists, in accordance with the rules and merit list applicable to NEET-UG 2024.”
Advocates representing the parties:
For the Petitioner: Pranav Kohli, Sr. Advocate, Sachin Dev Singh, Tania Mahajan, Vastav Sharma
For the Respondents: UT and Authorities: Monika Kohli, Sr. AAG, Raman Sharma, AAG, Sumeet Bhatia, GA
For the Private Respondent: Aditya Gupta, Munish Sharma
Case Title: Ansh Mahajan v. UT of J&K and Others
Case Number: WP(C) No. 2379/2024
Bench: Justice Wasim Sadiq Nargal
[Read/Download order]
