J&K court denies bail to Medical College Principal for allegedly using forged birth certificate for 1981 MBBS exam

A Jammu and Kashmir Court on Monday dismissed a plea for anticipatory bail by the principal and dean of the government medical college at Jammu, who is facing a criminal case for allegedly having used a forged birth certificate to enter the medical profession early and advance her medical career. [Dr. Shashi Sudhan Sharma v. Union Territory of J&K] .Dr. Shashi Sudhan is accused of having used two different birth certificates in the course of her medical career. .The birth certificate submitted to write her MBBS entrance exam in 1981 stated that she was born in 1964, which meant that she would have been 17 years and qualified the age criterion to write the exam. However, another birth certificate was submitted later on when she was being appointed as an assistant surgeon, which stated her year of birth to be 1965. This certificate was used in her service records. .A criminal case alleging fraud and forgery was initiated earlier this year against her, with allegations being levelled that she carried two birth certificates that were used conveniently on two different occasions for obtaining two different benefits..She was earlier granted interim bail. However, Special Judge Anti-Corruption, Jammu, Tahir Khurshid Raina on Monday refused to extend this protection after noting that Dr. Sharma appeared to have tampered with evidence in the case. ."A doctor by profession, who happened to be earlier a teacher in the Medical College and presently at a high pedestal in the hierarchy is consciously continuing her alleged fraud, with two date of birth certificates, using conveniently at different occasions, makes the alleged offence of high gravity", the court observed..Pertinently, the court was told that after the crime branch raided her residence, she was found to be in possession of her original 1981 medical admission file, albeit with the document containing her proof of age missing. The court remarked that it was obvious that Dr. Sharma was misusing her position as Principal and had managed to get the old file to either destroy the age-proof document or keep it in her custody.The court added that this also cast doubt on the genuineness of Dr. Sharma's birth certificate. The court proceeded to deny her anticipatory bail plea after opining that her conduct speaks of her influence, potential and tendency to tamper with the evidence..Dr. Sharma was booked by the crime branch of Jammu and Kashmir police on July 4, on the basis of a complaint by one, Manu Gupta who alleged that she was performing her government service on the basis of a forged date of birth certificate..The case registered against her cited Sections 420 (cheating and dishonesty inducing delivery of property), 465 (punishment for forgery), 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document), and 120B (punishment of criminal conspiracy) of Ranbir Penal Code (RPC), as well as Section 5(1)(d) of Prevention of Corruption Act, 2006..The complainant has alleged that Dr. Sharma was underage when she got admission to the MBBS course.."As per the guidelines of Medical Council of India (MCI), she was not eligible for admission into the MBBS course at the relevant time and in connivance with the then officers/officials of the J&K Board of School Education committed the offence of forgery and used forged documents as genuine, thereby causing wrongful gain to herself and corresponding wrongful loss to the state exchequer", the complaint said..[Read Order]