Mere pendency of criminal proceedings no valid reason for withholding final MBBS pass certificate: HC
Gauhati: Granting relief to a medical student, who did not get her final MBBS pass certificate despite clearing the exam, the Gauhati High Court recently observed that mere pendency of a criminal proceeding, without there being any adjudication of guilty, cannot be a valid reason for indefinitely withholding the original Final MBBS Pass certificate.
"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," observed the HC bench comprising Justice Budi Habung.
The HC bench made this observation while considering the plea filed by an MBBS student, who completed her final MBBS course and internship from Assam Medical College, Dibrugarh. Filing the plea before High Court, she sought a direction to the authorities for issuing her original final MBBS Pass certificate.
According to the case details, the petitioner was admitted to Assam Medical College, Dibrugarh, for the MBBS course following an order issued by the Commissioner to the Government of Assam, Health and Family Welfare Department.
It was alleged that even though a criminal case was registered against her in connection with the investigation relating to MBBS admission, the petitioner was granted permission to continue and complete the course.
In her plea, the student claimed that she, along with 13 other students, was permitted to continue their studies and complete their course. Accordingly, the petitioner completed her MBBS course in 2011 and thereafter completed the mandatory internship.
Since she did not get a regular registration, she filed a plea before the High Court and consequently, the co-ordinate Bench directed the authorities to take steps issued by the State to grant her registration. Accordingly, she was granted final registration based on the order of the Court by the Assam Council of Medical Registration. Despite this, she did not get the original pass certificate. Aggrieved by this, she filed a plea before the HC bench.
The petitioner submitted that she made a representation before the college authority for being issued her MBBS Degree certificate. However, it had not been granted although the original MBBS Degree certificates of similarly situated persons had already been issued by the University authority.
Further, the petitioner submitted that the criminal case registered against her and others, is still pending at the stage of evidence and out of 42 (forty two) PWs, only 10(ten) PWs has so far been examined. She also submitted that till date, there is no conviction and the trial is likely to take longer time.
Taking note of these submissions, the HC bench observed, "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."
The bench opined 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.
"However, at the same time, since the criminal proceeding is stated to be pending against the petitioner and others before the competent Court, the right of the parties must remain subject to the outcome of such proceeding," it further clarified.
Regarding the plea seeking issuance of final MBBS pass certificate, the court ordered, "Accordingly, in view of the above, the respondent authorities, more particularly, the respondent No. 5 i.e. Principal, Assam Medical College, Dibrugarh, is directed 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."
"It is further provided that the respondent authority shall also 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, if the same has not already been done," it further noted.
However, while making the above directions, the bench also clarified that issuance of the original Final MBBS Pass certificate and consequential recognition of the petitioner’s qualification pursuant to the HC's order shall remain subject to the final outcome of the criminal proceeding.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/2026/06/17/gauhati-high-court-354377.pdf
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