High Court Quashes 2013 MBBS Admission Cancellation, Orders University To Issue Degree
· Free Press Journal
Jabalpur (Madhya Pradesh): The High Court on Wednesday set aside a June 13, 2013 order cancelling MBBS student Shailja Pandey's admission over her Madhya Pradesh domicile and directed Rani Durgavati University, Jabalpur, to issue her marksheet and degree.
A division bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal treated the petition as a special case.
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The court said the requirement that Pandey should have studied for at least three years at an educational institution in Madhya Pradesh was an additional condition, but the competent authority treated it as the main condition and issued her a domicile certificate.
She could not be blamed for this, particularly as she had fairly disclosed all facts regarding her residence in Madhya Pradesh.
The court observed that action which could have been taken at the time of admission was initiated after she completed her MBBS in 2013.
It noted that more than 13 years had passed and Pandey could not practise during this period for want of a degree and registration with the Medical Council of India.
The court said the degree would declare her a doctor, but she would need registration under the 'Registration of Medical Practitioners and Licence to Practice Medicine Regulations, 2023' to practise.
It directed the National Medical Commission (NMC) to assess whether Pandey is fit to practise.
If a special test is required, the NMC may direct the Medical University to conduct an examination or test to certify her fitness and eligibility.
The entire exercise must be completed within three months.
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