High Court Orders University To Issue MBBS Degree To Shailja Pandey

The Madhya Pradesh High Court has set aside a 2013 order cancelling the MBBS admission of Shailja Pandey, a student who was denied her degree due to domicile issues.

The court's decision was made by a division bench comprising Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal, who treated the petition as a special case. The judges observed that the requirement for Pandey to have studied for at least three years at an educational institution in Madhya Pradesh was an additional condition, but it was treated as the main condition by the competent authority.

Pandey had fairly disclosed all facts regarding her residence in Madhya Pradesh and could not be blamed for the error. The court noted that action which could have been taken at the time of admission was initiated after she completed her MBBS in 2013, resulting in her being unable to practise for over 13 years due to the lack of a degree and registration with the Medical Council of India.

The High Court has directed Rani Durgavati University, Jabalpur, to issue Pandey's marksheet and degree. However, the court also stated that the degree would only declare her a doctor, and she would need registration under the 'Registration of Medical Practitioners and Licence to Practice Medicine Regulations, 2023' to practise.

The National Medical Commission (NMC) has been directed 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.

This decision is significant as it highlights the importance of ensuring that students are not unfairly penalized for errors that are not their fault. It also underscores the need for universities and regulatory bodies to follow proper procedures and protocols when dealing with student admissions and degree issuance.

The case has been ongoing for over 13 years, and the court's decision will finally bring closure to Pandey. The judgment is also expected to have implications for other students who may have faced similar issues with their admissions and degree issuance.

In conclusion, the High Court's decision to quash the cancellation of Pandey's MBBS admission and order the issuance of her degree is a significant victory for the student. However, the journey to becoming a practising doctor is not yet over, as she still needs to undergo an assessment of her fitness to practise and obtain registration under the relevant regulations.

The court's decision serves as a reminder of the importance of fairness and transparency in the admission and degree issuance process. It also highlights the need for regulatory bodies to ensure that students are not unfairly penalized for errors that are not their fault.

The case is a testament to the power of the judiciary in upholding the rights of individuals and ensuring that justice is served. The decision will have far-reaching implications for students and universities alike, and will serve as a precedent for future cases involving similar issues.

In the end, the court's decision will bring relief to Pandey, who has been waiting for over 13 years to receive her degree. The judgment is a significant step towards ensuring that she is able to pursue her career as a doctor, and it will have a lasting impact on the lives of students and educators alike.