Gauhati HC Orders Assam Medical College to Release MBBS Certificate Despite Pending Criminal Case

In a significant ruling for medical graduates, the Gauhati High Court held that an MBBS pass certificate cannot be withheld indefinitely merely because a criminal case remains pending. Justice Budi Habung delivered the judgment while hearing a petition filed by WaliaMurshida Huda,  an MBBS graduate from Assam Medical College, Dibrugarh, who completed her course in 2011 and internship in January 2012.

The dispute stemmed from a CBI-investigated admission-related case registered against Huda. Although the criminal trial remained pending, no conviction had been recorded, and only 10 of 42 prosecution witnesses had been examined. Despite completing her medical education and internship, obtaining registration from the Assam Council of Medical Registration, and practicing as a qualified doctor, her original final MBBS pass certificate continued to be withheld.

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Court Flags Unequal Treatment

The petitioner argued that other students facing similar circumstances had already received their original certificates, making the continued withholding of her certificate arbitrary and discriminatory. The High Court noted that authorities themselves acknowledged that similarly placed candidates had been granted their documents.

Justice Habung observed that a pending criminal case alone could not justify indefinitely depriving a candidate of an academic certificate, particularly when the individual had completed all educational requirements and obtained professional registration. The court emphasized that administrative actions must remain consistent and cannot selectively penalize one candidate while extending relief to others in comparable situations.

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Certificate to Be Issued, But Case Outcome Still Matters

The court directed the Principal of Assam Medical College, Dibrugarh, to issue and hand over Huda’s original MBBS pass certificate within two months of receiving the certified order. Authorities were also instructed to update her registration records with the relevant regulatory body.

However, the High Court clarified that the recognition of her qualification and related rights would remain subject to the final outcome of the pending criminal proceedings. The ruling therefore balances the principles of due process and professional fairness, reinforcing that an allegation is not equivalent to a conviction.

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