Mere Pendency Of Criminal Case Can't Justify Indefinite Withholding Of MBBS Pass Certificate After Course Completion: Gauhati High Court
The Gauhati High Court has held that mere pendency of a criminal proceeding, without any adjudication of guilt, cannot be a valid basis for indefinitely withholding the original Final MBBS Pass Certificate of a candidate who has successfully completed the MBBS course, statutory internship, and has already been granted registration by the competent authority.Justice Budi Habung observed,...
The Gauhati High Court has held that mere pendency of a criminal proceeding, without any adjudication of guilt, cannot be a valid basis for indefinitely withholding the original Final MBBS Pass Certificate of a candidate who has successfully completed the MBBS course, statutory internship, and has already been granted registration by the competent authority.
Justice Budi Habung observed, “Upon consideration of the facts and circumstances of the case, this Court is of the considered view that mere pendency of a criminal proceeding, without there being any adjudication of guilt, cannot by itself consists a valid basis for indefinite withholding of the original Final MBBS Pass certificate, particularly, when the petitioner has successfully completed the Course and statutory internship, and has also been granted registration by the competent authority.”
The ruling was made in a writ petition filed by one Walia Murshida Huda seeking a direction to the authorities to issue her original Final MBBS Pass Certificate.
The petitioner's case was that she was admitted to Assam Medical College, Dibrugarh for the MBBS course pursuant to an order issued in 2010 by the Commissioner to the Government of Assam, Health & Family Welfare Department. She, along with 13 others, was permitted to continue her studies and complete the course. The petitioner completed the MBBS course in 2011 and also completed her one-year internship in 2012.
Since she was not given regular registration, she had earlier approached the High Court, which had directed the authorities to take steps strictly in terms of the Government order by allowing the petitioner to get her registration. Pursuant to the said order, she was granted final registration by the Assam Council of Medical Registration. However, her original Final MBBS Pass Certificate was not issued.
The petitioner submitted that she had made a representation before the college authority for issuance of her MBBS degree certificate, but the same had not been granted. She further submitted that original MBBS degree certificates had already been issued to similarly situated persons.
It was also submitted that the criminal case registered against the petitioner and others was still pending at the stage of evidence. Out of 42 prosecution witnesses, only 10 had been examined, and there was no conviction as on date. The petitioner argued that the trial was likely to take longer and that withholding her certificate despite successful completion of the course and grant of registration was causing prejudice and was against the principle of parity.
The Court noted that although a criminal case had been registered and was under investigation in connection with the petitioner's admission to the MBBS course, she was subsequently permitted by Government order to continue and complete the course. The Court further noted that she had successfully completed the MBBS course as well as her internship.
The High Court also recorded that pursuant to the earlier order, the petitioner had already been granted registration by the Assam Council of Medical Registration. The Court said, “it is evident that the authorities had acknowledged the successful completion of the MBBS Course by the petitioner and her eligibility for registration for such course.”
The Court found, “The sole ground for withholding the Original Final MBBS Pass certificate appears to be the pendency of the criminal case arising out of the CBI investigation and subsequent trial relating to her admission. However, it is seen that the respondent has admitted in their affidavit that the original Final MBBS Pass certificates have already been issued to certain similarly situated candidates.”
At the same time, the Court clarified that since the criminal proceeding was pending against the petitioner and others before the competent authority, the rights of the parties would remain subject to the outcome of that proceeding.
Accordingly, the High Court directed the respondent authorities, particularly the Principal, Assam Medical College, Dibrugarh, “to issue and deliver the original Final MBBS Pass certificate to the petitioner, if not, already issued to her within a period of 2(two) months from the date of receipt of a certified copy of this order.”
The Court further directed the authorities to take appropriate steps for forwarding or updating the petitioner's particulars before the concerned regulatory authority so that her registration particulars are duly reflected in the official records, if the same had not already been done.
The Court, however, made it clear, “issuance of the original Final MBBS Pass certificate and consequential recognition of the petitioner's qualification pursuant to this order shall remain subject to the final outcome of the criminal proceeding arising out of CBI case/ FIR No. 02/2007 and any order that may be passed by the competent Court, therein.”
The writ petition was accordingly allowed to the extent indicated.
Case Name: Walia Murshida Huda v. State of Assam & Ors.
Case Number: WP(C)/3190/2018