Non-creamy layer tag for Patna AIIMS head’s son under probe

The Bihar government has instituted an inquiry into the issue of an OBC (other backward classes) non-creamy layer (NCL) certificate to the son of the son of the executive director (ED)-cum-chief executive officer (CEO) of Patna’s All India Institute of Medical Sciences (AIIMS), Dr Gopal Krushna Pal, government officials said .
The son, Dr Auroprakash Pal , was issued not one, but two such certificates, on the basis of which he secured under OBC category in the three-year postgraduate MD (Doctor of Medicine) course in microbiology at AIIMS, Gorakhpur, Uttar Pradesh, where his father the senior Dr Pal holds additional charge as ED-cum-CEO.
Sons and daughters of group A/class I officers of the all-India Central and state services (direct recruits) come under creamy layer, and are not entitled to the benefit of reservation of 27% for OBCs in Bihar and Uttar Pradesh, as per the rules of the Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievances and Pensions.
In addition, caste certificates are generally issued from an applicant’s place of domicile, which is Odisha in this case. However, the OBC-NCL certificates of Dr Auroprakash Pal have been issued from Patna. It mentions Dr Pal’s bungalow at AIIMS residential complex in Khagaul block of Patna’s Danapur sub-division as the son’s address.
The news broke on social media in early September, following which Dr Auroprakash Pal dropped out of the MD course, and the senior Dr Pal asked that the OBC-NCL certificates be cancelled. The latter also claimed that his salary should not be taken into account while deciding whether his son belongs to a creamy layer or not , which is not the case.
A three-member committee, headed by an additional district magistrate (ADM), comprising the district welfare officer and the district accounts officer, has been constituted to probe the alleged lapses in issuance of OBC-NCL certificate to Dr Auroprakash Pal, son of Dr GK Pal, said Chandra Shekhar Singh, district magistrate (DM) of Patna.
“We have instituted the inquiry to establish irregularities, if any, in issuance of OBC-NCL certificate, soon after Dr Pal requested for its cancellation on September 10. We expect the inquiry committee to submit its report soon,” Singh told Hindustan Times on Monday.
Dr Auroprakash Pal was issued two OBC-NCL certificates from Patna, the first on January 13 by the revenue officer of Phulwarisharif block, and another on April 27 by the revenue officer of Danapur.
HT has copies of both his OBC-NCL certificates.
Dr Auroprakash Pal resigned from the MD course on September 3, after news of his appointment on the basis of OBC-NCL certificate broke on social media.
The senior Dr Pal said his son dropped out of the MD programme paying the penalty of ₹3 lakh, as he did not like the subject and decided to prepare for the next INI-CET (Institute of National Importance-Common Entrance Test) on November 10.
Dr Gaurav Gupta, additional professor and head, department of surgery, AIIMS Gorakhpur, on September 5, filed an online complaint on “Jan Sunvai”, an integrated complaint redressal system in Uttar Pradesh, seeking institution of a case and action against those responsible for concealing facts to procure OBC-NCL certificates.
“I have filed a complaint against Dr Pal with the authorities concerned, but I do not wish to discuss it in media,” said Dr Gupta said over phone.
Dr Pal denied having concealed any fact to obtain the OBC-NCL certificates for his son. He put the onus of issuing the certificates on the Bihar government.
“The competent authority, i.e. the additional district magistrate of Patna has issued the certificate. The place of domicile mentioned is my official residential address as he (Dr Auroprakash Pal) is staying with me in my residence. He has the voters ID card, Aadhaar card in the same residential address… If Dr Auroprakash Pal was not meeting the criteria, the competent authority being subject expert should have refrained from issuance of domicile certificate. The applicant cannot be held liable for applying for the same after disclosure of correct information,” said Dr Pal in a written statement he shared on WhatsApp, in response to this reporter’s queries e-mailed on September 9.
He also refuted allegations of fake parental service declaration and income declaration by his son for issuance of OBC-NCL certificate.
“It has been declared in the OBC-NCL application that I am the director of AIIMS, Patna, staying in the director’s bungalow and my annual income was ₹43,17,000… income is not the sole criteria for determination of OBC NCL status,” said Dr Pal.
For professionals, including doctors, the rule specifies that those having gross annual income of ₹8 lakh or above will come under creamy layer.
Dr Pal said it was confusion over jurisdiction that resulted in obtaining two OBC-NCL certificates for his son, as the AIIMS residential complex came under the administrative control of Khagaul while the institute came under Phulwarisharif block.
Justifying Dr Auroprakash Pal’s eligibility for OBC-NCL certificate when his parents, both father and mother Dr Prabhati Pal, a professor of physiology at Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER), Pondicherry, are senior group A/class I officers, Dr Pal said, “I was under bona fide belief that neither me nor my wife is a Central government employee, as employees of AIIMS Patna and JIPMER are not Central government employees, and benefits of Central government employees are not suo motu applicable.”
“My wife and I are working in autonomous bodies AIIMS and JIPMER that are not government institutions,” said Dr Pal in another written clarification he shared with this reporter on September 15.
Dr Pal also referred to DoPT’s amended notification and subsequent notification of the Bihar government (General Administration Department’s letter number 14011), dated November 25, 2021, and said, “Income from salary of the parents and from agricultural land shall not be considered for issuance of NCL-OBC certificate.”
HT accessed the letter Dr Pal referred to and found it only mentioned that income from salaries or agricultural land would not be clubbed for grant of OBC-NCL certificate.
Both AIIMS and JIPMER come under the control of the Central government.
Dr Pal did not explain why he surrendered his son’s OBC-NCL certificate and asked for its cancellation.