HC relief to Hi-tech medical college MS Surgery medico, slams medical college for keeping certificates
Bhubaneswar: "The institution is duty-bound to release the original certificates entrusted at the time of admission unless there is specific undertaking; or bond of compulsory employment at the said institute; or any other rule or regulation which permits them to retain the same." The Odisha High Court stated this recently while dealing with a petition filed by a medico who sought the court direct the authorities at Hi-tech Medical College to release his original certificates.
The bench of honourable Justices S Panda and S K Panigrahi was hearing the plea of medico who was pursuing his studies in PG course at Hi-Tech Medical College & Hospital and has passed the MS General Surgery Examination 2020 in the month of May 2020.
At the time of taking admission in the Hi-Tech Medical College in PG course, the petitioner was asked to submit the original High School Certificate and mark sheet, Council of Higher Secondary examination certificate and mark sheet, MBBS mark-sheets, Internship completion certificate, College leaving Certificate, Conduct Certificate, OCMR registration certificate etc. Accordingly, the petitioner had deposited all the original certificates. After graduating from that medical College, the petitioner submitted an application to the Medical College Authority seeking the return of the original documents entrusted to the College by him at the time of admission and for issuance of PG Certificate, PG mark sheet, PG College leaving certificate and PG Conduct Certificate, etc. However, the Principal of the said College did not take a step to return the documents nor did he issue the Pass Certificate of Petitioner's PG Course, the plea read.
On the other hand, the medical college in view of the MCI guideline submitted that they were unable to return the original certificates of the petitioner. The Counsel for medical college, also contended that the petitioner has not complied the guidelines prescribed for issuance of those certificates. It is also stated that the petitioner is not entitled to get NOC from the college as he has not cleared some dues of the Institution.
In response, the counsel appearing on behalf of the petitioner medico contended that the students are not allowed to sit in the examination unless they clear all the dues of the College. In the instant case, the Petitioner was allowed to appear in the examination and he has already passed in the said examination. Hence, there cannot possibly be any outstanding dues pending against the doctor.
The petitioner had submitted that after successful completion of his PG course in Hi-Tech Medical College and Hospital, he had applied for Senior Resident at Institute of Medical Science and Sum Hospital at Bhubaneswar. He stated that he was asked to submit the original certificates including the State Medical Registration Certificate, Mark-sheet, etc. Although all the documents were deposited in the Hi-Tech Medical College and Hospital at the time of admission in P.G. course, but the same were not returned to the petitioner despite his running from pillar to post. Time and again, the issue was brought to the knowledge of the Principal of the Hi-Tech Medical College and Hospital, who was adamant not to return the original certificates. The Petitioner was, however, allowed to take the photocopy of those original documents. On the strength of the photocopy of the documents, he was allowed to join as Senior Resident in IMS and SUM Hospital on 21.07.2020 with an undertaking to produce the original documents after returning back from the COVID-19 duty.
It was alleged that the college authorities had threatened him with disciplinary action or coercive measures when he requested to return his original certificates.
After hearing the contentions from both sides, the court noted, "If the said allegation is true, the conduct of the Hi-Tech Medical College and Hospital is one that is highly deplorable."
On the matter of the college withholding the original certificates of the doctor, the court stated:
"The institution is duty-bound to release the original certificates entrusted at the time of admission, unless there is specific undertaking; or bond of compulsory employment at the said institute; or any other rule or regulation which permits them to retain the same. In the case in hand, there is no such provision which has been brought to our notice either in the prospectus issued by the Commissioner of Entrance Examination or the College or in any of the notification issued with respect to the admission by the said College which enable it to withhold such certificates."
Further, it cited:
Even the University Grants Commission (UGC) has issued warning to universities and colleges against retention of original documents of the admitted students. No institutions can take any original certificate into their custody to use it as a tool to 6 bargain or threaten the students with some unknown or disputed claims. In similar vein, All India Council for Technical Education (AICTE) has also issued instructions to all the technical institutions in the country not to retain original certificates of the students. Hence, the practice of withholding original Certificates of the students and not returning them to the students is completely illegal as the certificates are the most valuable property of the students, it cannot be withheld by the college for any reasons, in violation of rule of law.
The judges observed that the question raised in this case assumed significance in the light of the fact that this Court is unnecessarily burdened with similar litigation at a regular interval which is avoidable at the end of the college authorities. It added:
Since the present petitioner does not have any bonded obligation, his documents submitted before the college cannot be withheld. The certificate of educational qualifications are the most important document in so far as the career of the student is concerned and it is most valuable property of students. Non-availability of such certificates or delay in producing the same may result in deleterious consequences in so far as the career of the students are concerned because these are the first and foremost documents insisted by a college or an employer.
Lastly, the bench held that the College authority should not treat the students like a bonded labourer and directed that all the original certificates of the petitioner collected at the time of his admission shall be released forthwith.
It is made clear that the Opposite Parties shall not create any stumbling block while releasing such original certificates and issuing the PG certificates, mark sheet etc. to any of the students in future. Needless to state, if the college face any loss on account of the conduct of any student or any dues has to be recovered from the students, it is open for it to take recourse to other remedy as may be available in law. In the facts and circumstances of the present case, the Petitioner is directed to clear all the dues, if any, without any further delay.
