MBBS admission cancelled over domicile row: MP HC clears doctor's path after 13 years
Jabalpur: Thirteen years after completing her MBBS, a medico has finally secured relief from the Madhya Pradesh High Court, which has set aside the cancellation of her admission over a domicile dispute and cleared the way for her to obtain her medical degree and pursue a career in medicine.
Treating the matter as a special case, a Division Bench comprising Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal directed Rani Durgavati University, Jabalpur, to issue the medico's marksheet and MBBS degree.
The Court observed that she had fairly disclosed the facts regarding her residence in Madhya Pradesh and that any objection to her domicile should have been raised at the time of admission, rather than after she had completed her medical education.
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“On the basis of this degree, the petitioner will be entitled to practice in the medical field, but the fact remains that she completed her studies in the year 2013, and now more than 13 years have passed,” the court said in its order.
The MBBS graduate could not practice during this period because she did not have her degree or registration with the medical regulator, the HC noted.
In her petition, she said the college raised the objection over her domicile midway through the MBBS course, although she had secured admission after furnishing a domicile certificate issued by the competent authority.
The court observed that the issuing authority should have examined whether she had studied for at least three years at an educational institution in Madhya Pradesh, but treated this additional requirement as the main condition while issuing the domicile certificate.
The medico could not be blamed for the authority’s action, the high court said.
The action taken after she had completed her studies could have been taken at the time of admission, the HC opined.
It said that obtaining the degree would establish her qualification as a doctor, but she would require registration under the applicable regulations to practice medicine.
The court directed the National Medical Commission to examine whether the doctor was fit to practice after the long gap since completing her MBBS course.
If required, the commission may direct the medical university to conduct a special examination or test to determine whether she was fit and eligible to practice, the court said, directing the authorities to complete the exercise within three months.
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