The Gauhati High Court has held that mere pendency of a criminal proceeding, without there being any adjudication of guilt, cannot by itself constitute a valid basis for indefinite withholding of the original Final MBBS Pass certificate, particularly when the candidate has successfully completed the course and statutory internship, and has also been granted registration by the competent authority.
The Principal, Assam Medical College, Dibrugarh, was directed to issue and deliver the original Final MBBS Pass certificate to the petitioner within a period of 2 months from the date of receipt of a certified copy of the order. The respondent authority was further directed to take appropriate steps for forwarding/updating the particulars of the petitioner before the concerned regulatory authority so that her registration particulars are duly reflected in the official records.
It was, however, expressly made clear that the issuance of the original Final MBBS Pass certificate and consequential recognition of the petitioner’s qualification pursuant to the order shall remain subject to the final outcome of the criminal proceeding arising out of CBI case.
A Single Judge Bench of Justice Budi Habung observed that although a criminal case was registered and was under investigation in connection with the admission of the petitioner to the MBBS course, the petitioner was subsequently permitted by the Government order dated Oct 14, 2012 to continue and complete the MBBS course, which she successfully did, along with her internship.
The Bench further observed that pursuant to the order dated March 18, 2016 passed in WP(C)/868/2016, the petitioner had already been granted registration by the Assam Council of Medical Registration, Khanapara, Guwahati, and that the authorities had thereby acknowledged the successful completion of the MBBS course by the petitioner and her eligibility for registration for such course.
The Bench noted that the sole ground for withholding the original Final MBBS Pass certificate appeared to be the pendency of the criminal case arising out of the CBI investigation and subsequent trial relating to her admission, and that the respondent had itself admitted in its affidavit that the original Final MBBS Pass certificates had already been issued to certain similarly situated candidates.
Briefly, the petitioner, Walia Murshida Huda, was admitted to the MBBS course at Assam Medical College, Dibrugarh, pursuant to an order dated Dec 14, 2010 issued by the Commissioner to the Government of Assam, Health & Family Welfare Department, whereby she along with 13 others were permitted to continue their studies and complete the course. The petitioner completed the MBBS course in the year 2011 and thereafter completed her internship of 1 (one) year on Jan 24, 2012.
As the petitioner was not granted regular registration by the University (respondent No. 5), she filed a writ petition being WP(C)/868/2016 before this Court, and by order dated 18.03.2016, the co-ordinate Bench directed the respondent authorities to take steps strictly in terms of the order dated 14.12.2010, thereby allowing the petitioner to obtain her registration. Pursuant to the said order, the petitioner was granted final registration on 31.03.2016, issued on 01.04.2016, by the Assam Council of Medical Registration, Khanapara, Guwahati. However, the original Final MBBS Pass certificate was not issued to the petitioner.
The petitioner made a representation before the college authority for issuance of her MBBS Degree certificate; however, the same was not granted, although the original MBBS Degree certificates of similarly situated persons had already been issued by the University authority. A criminal case registered against the petitioner and others remained pending at the stage of evidence, with only 10 (ten) out of 42 (forty-two) PWs having been examined, and there being no conviction as on date. The respondent No. 5 itself admitted in its affidavit that the original Final MBBS Pass certificates had been issued to 2 (two) other similarly situated candidates, namely, Jutitara Das and Aviral Watsa.
