Student’s MBBS certificate withheld over pending criminal case; HC directs college to release it

NEW DELHI: The Gauhati high court has ruled that a medical graduate’s original MBBS pass certificate cannot be withheld indefinitely just because a criminal case related to her admission is still pending and there has been no conviction, as per a report by LiveLaw.Justice Budi Habung passed the order in 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.What was the dispute?Walia Murshida Huda was admitted in the MBBS course at Assam Medical College, Dibrugarh, along with 13 other students. She completed her MBBS course in 2011 along with finishing 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 was still pending. Out of 42 prosecution witnesses, only 10 had been examined, and no conviction had been recorded.Due to the same pending case, she was initially denied regular registration after which she approached the Gauhati high court. In 2016, the court directed the authorities to process her registration according to a government order passed in 2010.

Following this, she received final registration from the Assam Council of Medical Registration in the same year.Despite completing the course and getting registered, she was still not given her original final MBBS Pass certificate.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 said withholding only her certificate was unfair and also raised questions about ground of equal treatment.What did the court say?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 observed that the authorities themselves had admitted that other candidates in similar situation had already been given their certificates.The high court added that pending criminal case cannot be a valid ground for indefinitely stopping 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 also clarified that since the criminal case is still pending, the rights of the parties would depend on the final outcome of the case.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.