In a landmark decision, the Bombay High Court at Aurangabad ruled that criminal cases arising from matrimonial disputes should not be classified as “moral turpitude” that justifies barring individuals from further education. The court reversed a State decision to withdraw a No Objection Certificate (NOC) granted to a medical officer from Nanded, enabling him to continue his postgraduate studies despite a pending criminal case filed by his wife.
Case Background
The medical officer had received an NOC to take the All India Ayush Post Graduate Entrance Test (AIAPGET) 2024. However, the Health Department later revoked it, citing a clause in a 2023 government resolution that disqualifies government employees with active criminal cases from further education. The officer faced charges related to Sections 498A (cruelty) and 494 (bigamy) under the IPC, as well as charges under the SC/ST Prevention of Atrocities Act, all of which stemmed from a dispute with his spouse.
Legal Issues and Arguments
The key legal question was whether the clause disqualifying individuals with pending criminal cases should apply in this situation. The petitioner, represented by Advocate G.J. Karme, argued that this clause was being misapplied, as his charges arose from a personal matter unrelated to professional conduct. Advocate A.M. Phule, representing the State, countered that the officer had not disclosed the pending case when initially applying for the NOC, referencing a precedent that supports withdrawing NOCs when important information is withheld.
Court’s Observations and Ruling
The bench, led by Justices S.G. Chapalgaonkar and Vibha Kankarwadi, sided with the petitioner, highlighting that the right to education is essential to one’s right to life under Article 21 of the Constitution. They stated, “This right cannot be denied merely due to pending criminal proceedings,” especially when these do not reflect poor moral character. The court held that a case stemming from a personal dispute did not justify blocking his educational progress and cited similar rulings that call for cautious application of policies restricting fundamental rights.
Final Order
The court ordered the Health Department to reinstate the NOC within a week, preserving the officer’s eligibility for AIAPGET 2024. Additionally, they instructed that a reserved seat, per an interim order, be allocated to him, ensuring he can continue his studies without further disruption.
This ruling upholds a crucial balance between one’s personal life and professional growth, reaffirming the importance of education as a fundamental right.
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