The Gauhati High Court has ruled that a medical graduate's original MBBS pass certificate cannot be withheld indefinitely merely because a criminal case related to her admission is still pending and no conviction has been recorded, as per a report by LiveLaw.
Background of the Case
Justice Budi Habung passed the order on a petition filed by Walia Murshida Huda against the State of Assam, the National Medical Commission, the Assam Medical Council, the Principal of Assam Medical College, Dibrugarh, and Dibrugarh University.
Walia Murshida Huda was admitted to the MBBS course at Assam Medical College, Dibrugarh, along with 13 other students. She completed her MBBS in 2011 and finished her one-year internship in January 2012.
However, a criminal case related to the admission process was registered against her after a CBI investigation. The case remained pending, with only 10 of 42 prosecution witnesses examined and no conviction recorded.
Due to the pending case, she was initially denied regular registration. She approached the Gauhati High Court, which in 2016 directed authorities to process her registration according to a 2010 government order. She subsequently received final registration from the Assam Council of Medical Registration in the same year.
Despite completing the course and obtaining registration, she was still not given her original final MBBS pass certificate.
Petitioner's Argument
The petitioner argued that two other students, Jutitara Das and Aviral Watsa, who were in a similar situation, had already received their original certificates. She contended that withholding only her certificate was unfair and raised questions about equal treatment.
Court's Observations
Justice Habung observed that the only reason for withholding her final MBBS pass certificate appeared to be the pending criminal case related to the CBI investigation into her admission.
The court noted that the authorities themselves admitted that other candidates in similar situations had already been given their certificates.
The high court added that a pending criminal case cannot be a valid ground for indefinitely withholding someone's certificate. The court pointed out that the petitioner had completed her MBBS course, completed the required internship, and had already received registration from the competent authority.
At the same time, the court clarified that since the criminal case is still pending, the rights of the parties would depend on the final outcome of the case.
Court's Order
The court directed the Principal of Assam Medical College, Dibrugarh, to issue and hand over the original final MBBS pass certificate to the petitioner within two months of receiving the certified copy of the order. The authorities were also asked to update her registration details with the regulatory body.
However, the court made it clear that the certificate and recognition of her qualification would remain subject to the final decision in the criminal case.
