Original Certificates are doctors property, Medical Colleges have no authority to retain documents: HC relief to 125 doctors
Cuttack: In a landmark ruling, the Orissa High Court has pronounced that the original certificates are the assets of the persons concerned, and directed MKCG Medical College and Controller of Examinations, Berhampur University to expeditiously release the original certificates and mark sheets of doctors withheld since their admission to PG Courses. The decision comes in light of the policy decision taken by the State to keep the certificates of the doctors till they complete their mandatory two years bond service.
Justice AK Mohapatra, presiding over a solitary judge bench, strictly observed that the institutions concerned have no authority to retain the original certificates of the doctors in the absence of any authority of law merely based upon some executive surplus.
The issue pertained to the policy decision adopted by the Orrisa Government to withhold the original certificates until the doctors complete their mandatory two-year service in accordance with the bond they signed. In 2017, the State Government mandated that postgraduate students graduating from medical institutions in Odisha are required to serve within the state for a period of two years. Consequently, all postgraduate students are obligated to sign a work bond committing to this two-year service.
Aggrieved by the 'illegal conduct' two separate petitions were filed by 125 doctors who had completed PG courses in their respective disciplines and were denied permission by the college to retain their original certificates and mark sheets from matriculation to MBBS. The doctors moved the court seeking directions to the authorities to return back all the original certificates and documents which were retained since the petitioners took admission to PG Courses along with the PG Pass Certificates and Mark Sheets of the petitioners immediately.
The counsel for the petitioner, in his submission mentioned a similar case, and referred to the order passed by the Coordinate Bench in Dr. Binayak Panda & others vs. State of Odisha & others, wherein, the petitions were disposed of as the same as infructuous in view of the fact that by interim order the P.G. pass certificates and mark-sheet certificates were provided to the Petitioner in all those cases.
Meanwhile, the learned Additional Standing Counsel for the State submitted that the original certificates were submitted before the authorities for the purpose of verification. Therefore, after verification the same were retained by the authorities and have not been returned thereafter.
Referring to a resolution of the Health and Family Welfare Department dated 09.12.2021, the Counsel further submitted that there is a provision in the said resolution that to ensure that the doctors performed their duties during the two years of bond period after passing out, the authorities have taken a policy decision to keep the original certificates with the authorities till conclusion of the bond period of two years.
In response to the same, Advocate Avijit Mishra, appearing for the petitioners, said that for doctors with PG qualifications to register themselves as specialists and to work in the positions of specialists as well as senior residents and take up higher positions, the original certificates and Marksheet is a mandatory requirement. He further argued that there is no such provision to retain the certificate by the authorities.
Considering the submission made by learned counsels for the respective parties and keeping in view the factual background of the present case, the Court observed that;
"The Opposite Parties have no authority to retain the original certificates of the Petitioners in the absence of any authority of law nearly basing upon some executive surplus. It is further made clear that the original certificates are the assets of the persons concerned. Therefore, the Opposite Parties instead of retain the original certificates and take an undertaking from such post P.G. bond doctors that they shall complete the P.G. bond period of two years after completion of their courses in the respective medical institutions in the State of Odisha. In such view of the matter, this Court has no hesitation in directing the Opposite Party Nos.3 and 4 to release the original certificates in favour of the Petitioners. However, while releasing such certificates it is open to the Opposite Parties in view of the conditions prescribed in Clause-1(e) of the resolution dated 03.02.2017 shall insist that the Petitioner gives a declaration in the form of affidavit shown before any Executive Magistrate as per their prescribed format before handing over to the certificates to the petitioners."
Justice Mohapatra specified in his order that,
“Accordingly, the petitioners are directed to approach the opposite parties with a certified copy of this order within a week from today. In such a situation, the petitioners approach them, they would do well to implement this order as expeditiously as possible, preferably within two weeks from the date of production of a certified copy of this order.”
To view the original order, click on the link below:
