The Gauhati High Court has come to the aid of an aggrieved medical student by observing 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 completed the course and has also been granted registration by the competent authority.

The petition was filed by an MBBS student claiming to have completed her final MBBS and internship from Assam Medical College, Dibrugarh and seeking a direction to the respondent to issue her original Final MBBS Pass certificate.

The Single Bench of Justice Budi Habung held, “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.”

Advocate A. Ahmed represented the Petitioner, while Standing Counsel S. Sarma represented the Respondent.

Factual Background

The case put up by the petitioner was that she was admitted to the Assam Medical College, Dibrugarh, for the MBBS course pursuant to an order issued by the Commissioner to the Government of Assam, Health & Family Welfare Department. It was claimed that she, along with 13 others, was permitted to continue their studies and complete the course. Accordingly, the petitioner completed the MBBS course in the year 2011. The petitioner also completed her internship of 1 year. Although a criminal case was registered and was under investigation in connection with the admission in the MBBS Course, the petitioner was subsequently permitted by the Government order to continue and complete the MBBS Course. The petitioner, thereafter, completed the MBBS Course as well as her internship.

As the petitioner was not given regular registration, she filed a writ petition before the High Court, and the co-ordinate Bench directed the respondent authorities to take steps issued by the State to get her registration. The petitioner had already been granted final registration pursuant to the order of the Court by the Assam Council of Medical Registration, but the original pass certificate of the petitioner was not issued to her.

Reasoning

Taking note of the fact that the petitioner was already granted registration by the Assam Council of Medical Registration, Khanapara, Guwahati, the Bench noted that the authorities had acknowledged the successful completion of the MBBS Course by the petitioner and her eligibility for registration for such course.

The Bench held that the mere pendency of a criminal proceeding, without there being any adjudication of guilt, could not by itself become a valid basis for indefinite withholding of the original Final MBBS Pass certificate. “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 added.

Thus, allowing the Petition, the Bench ordered the respondent authorities, more particularly, the Principal, Assam Medical College, Dibrugarh, to issue and deliver the original Final MBBS Pass certificate to the petitioner. “...it is, however, made clear that issuance of the original Final MBBS Pass certificate and consequential recognition of the petitioner’s qualification pursuant to this order shall remain subject to the final outcome of the criminal proceeding…”, it clarified.

Cause Title: Walia Murshida Huda v. The State of Assam (Neutral Citation: 2026:GAU-AS:8358)

Appearance

Petitioner: Advocate A. Ahmed

Respondent: Standing Counsel S. Sarma, Senior Advocate N. C. Das, Advocate N. Devi

Click here to read/download Order


Gauhati High CourtJustice Budi Habung

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.