HC dismisses appeals by MBBS student over fraudulent EWS certificate

Cancellation of admission to GMC Jammu upheld

Excelsior Correspondent
JAMMU, July 12: The High Court of Jammu & Kashmir and Ladakh has dismissed two intra-court appeals filed by MBBS student Mohd Farooq, thereby upholding the cancellation of his admission to Government Medical College, Jammu, obtained under the Economically Weaker Section (EWS) category.
The court found that Farooq had obtained the EWS certificate through fraudulent means while already holding a valid Resident of Backward Area (RBA) certificate.
The appeals-LPA No. 56/2025 and LPA No. 61/2025-stemmed from a common judgment dated March 13, 2025, delivered by the writ court. The court had allowed a writ petition (WP(C) No. 2379/2024) filed by Ansh Mahajan, a fellow NEET-UG 2024 aspirant, challenging Farooq’s selection under the EWS category and had directed the Board of Professional Entrance Examinations (BOPEE) to consider Mahajan for an MBBS seat if the next meritorious candidate declined admission. Simultaneously, the court dismissed a separate writ petition (WP(C) No. 2648/2024) filed by Farooq challenging the cancellation of his EWS certificate.
Mahajan had alleged that Farooq fraudulently secured admission by misrepresenting his eligibility for EWS status, despite holding a valid RBA certificate issued in 2016. Under the J&K Reservation Rules, 2005 (as amended by SRO 518 of 2019), individuals benefiting from reservations under SC, ST, or socially and educationally backward classes, including RBA, are ineligible for EWS benefits.
Following Mahajan’s complaints, an enquiry was initiated by Tehsildar Ramban. The Enquiry Committee concluded that Farooq had concealed material facts, submitted false declarations, and held multiple domicile certificates, thereby violating eligibility norms. Based on the findings, Farooq’s EWS certificate was cancelled on October 31, 2024.
The Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal ruled that the EWS certificate was obtained through deliberate concealment of facts and misrepresentation, invalidating any benefit derived from it.
The court rejected the argument that the official (Tehsildar Ramban) had become functus officio (without authority) after issuing the certificate, citing legal precedents affirming that fraud nullifies administrative decisions.
“Choice of reservation not permissible in this context: While Section 19 of the J&K Reservation Act, 2004 allows candidates eligible under multiple categories to choose one, this does not extend to claiming EWS status when already benefiting from other reserved categories,” observed the court.
The court also found no credible evidence to support Farooq’s claim that he had surrendered these documents before applying for the EWS certificate.
Dismissing both LPAs, the High Court ruled that there was neither any illegality nor any procedural impropriety in the judgment passed by the writ court. Upholding the cancellation of Farooq’s admission and EWS certificate, the court ordered that all original records be returned to the concerned authorities.

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