Serious Conduct and Potential Public Risk Cited in Rejection of Bail Applications for Medical Graduates Using Fake FMGE Certificates
In a significant ruling, the Rajasthan High Court's Jaipur Bench, under the guidance of Justice Ravi Chirania, dismissed multiple bail applications filed by petitioners accused of using counterfeit Foreign Medical Graduate Examination (FMGE) certificates to secure internships and pursue medical practice in Rajasthan. The petitioners, who had obtained their MBBS degrees from Kazakhstan, Georgia, and other countries, faced charges of forgery, cheating, and criminal conspiracy under various sections of the Indian Penal Code (IPC) and the Information Technology Act.
The court observed that despite possessing legitimate MBBS degrees, the petitioners failed to clear the mandatory FMGE, a prerequisite for practicing medicine in India. They allegedly resorted to obtaining fake certificates from a gang involved in fraudulent activities, allowing them to commence internships in various hospitals across the state. The investigation, conducted by the Special Operations Group (SOG), revealed the manipulation of successful candidates' certificates to benefit the petitioners.
The government counsel opposed the bail applications, emphasizing the grave implications of the petitioners’ actions, which could jeopardize public safety by allowing unqualified individuals to practice medicine. The counsel highlighted that the investigation is still ongoing, with numerous arrests made and more anticipated as the probe progresses.
In its judgment, the court acknowledged the petitioners' admission to using false certificates and withdrawing from internships upon discovery. However, it underscored the severity of their conduct, deeming it a potential threat to public life, particularly if such acts are condoned. The court noted that the charge-sheet and supplementary charge-sheet had been filed timely, negating arguments for bail based on procedural delays.
Justice Chirania concluded that the nature of the allegations, coupled with the ongoing investigation and the possible involvement of additional individuals, warranted the denial of bail at this stage. The decision reinforces the judiciary's stance on maintaining strict scrutiny and accountability in cases involving professional malpractice and fraudulent activities.
Bottom line:-
Bail applications of petitioners involved in using fake FMGE clearance certificates for medical internships and registration as doctors denied considering the serious nature of their conduct and ongoing investigation.
Statutory provision(s): Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 420, 467, 468, 471, and 120B of IPC, 1860; Section 66D of the Information Technology Act, 2000.
Shubham Gurjar v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2938686
