Cuttack: In a landmark judgement, the single judge bench of Justice AK Mohapatra of the Orissa High Court held that the medical college and controller of examination has no authority to retain the original certificates of PG students in the absence of any authority of law merely based upon some executive surplus. The bench directed the dean and principal of MKCG Medical College and controller of examinations, Berhampur University to expeditiously hand over the original certificates and mark sheets to the passing out doctors of Post Graduate-2020 batch who had submitted them at the time of admission.
Justice Mohapatra issued the order on Tuesday while disposing of two separate petitions filed by a total of 125 doctors who had completed the PG courses in their respective disciplines seeking intervention against retaining their original certificates and mark sheets from matriculation to MBBS by the college.The state government passed a resolution on February 2017, making it mandatory for postgraduate students passing out from medical colleges in Odisha to work for two years in the state. Accordingly, all the PG students execute a bond of work for two years.
The state counsel submitted that the authorities have taken a policy decision to keep the original certificates till they complete two years of mandatory service in the state after passing out as part of the bond executed by them. Advocate Avijit Mishra who argued on behalf of the petitioners submitted that the original certificates and mark sheets are a mandatory requirement for doctors with PG qualification to get themselves registered as specialists and work in the posts of specialists as well as senior residents and for taking up higher studies.
While observing that “the original certificates are the assets of the persons concerned”, Justice Mohapatra said, “Therefore, the Opposite Parties instead of retaining the original certificates shall take an undertaking from such post PG bond doctors that they shall complete the PG bond period of two years after completion of their courses in the respective medical institutions in the State of Odisha.”
“Accordingly, the petitioners are directed to approach Opposite Parties along with the certified copy of this order within a week from today. In the event, the petitioners approach them, they shall do well to implement this order as expeditiously as possible preferably within two weeks from the date of production of the certified copy of this order,” Justice Mohapatra specified in his order. Meanwhile, 69 students of SCB medical college and hospital, Cuttack, have also approached the high court seeking the same relief.
Legal Prescription
- The original certificates of a medical students are the property of the student.
- The medical college and controller of examination has no authority to retain the original certificates of PG students in lieu of serving bond.