Madhya Pradesh HC clears MBBS graduate's path to secure degree after 13-year wait over domicile row

JABALPUR: Thirteen years after a woman completed her MBBS, the Madhya Pradesh High Court has cleared the way for her to obtain her degree and pursue medical practice, stalled after her admission was cancelled over a domicile matter.

Key points

• The court directed the National Medical Commission to examine whether Pandey was fit to practice after the long gap since completing her MBBS course.
• Pandey could not practice during this period since she did not have her degree or registration with the medical regulator, the HC observed.
• Pandey could not be blamed for the authority's action, the high court remarked.
• The action taken after she had completed her studies could have been taken at the time of admission, the HC opined.
• It remarked that obtaining the degree would establish her qualification as a doctor, but she would require registration under the applicable regulations to practice medicine.

Treating the petition as a special case, a division bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal on Wednesday set aside the June 13, 2013 order cancelling Shailja Pandey's admission and directed Rani Durgavati University, Jabalpur, to matter her marksheet and degree.

Pandey had fairly disclosed all facts regarding her residence in Madhya Pradesh, the court observed, adding that action could have been taken at the time of her admission rather than after she completed her studies.

"Based on 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 remarked in its order.

Although she had secured admission after furnishing a domicile certificate issued by the competent authority, in her petition, Pandey remarked the college raised the objection over her domicile midway through the MBBS course.

According to The court, 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 extra requirement as the main condition while issuing the domicile certificate.

Meanwhile, the action taken after she had completed her studies could have been taken at the time of admission, the HC opined.

In practice, the court directed the National Medical Commission to examine whether Pandey 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 remarked, directing the authorities to complete the exercise within three months.

Taken together, the developments around madhya Pradesh HC clears MBBS graduate' s path to secure degree after 13 point to a situation that is still moving, and the coming days should bring more clarity.