[Cites 2, Cited by 0]
Madhya Pradesh High Court
Dr Sourabh Chouhan vs The State Of Madhya Pradesh on 17 March, 2026
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2026:MPHC-JBP:22017
1 WP-9402-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE PRADEEP MITTAL
ON THE 17th OF MARCH, 2026
WRIT PETITION No. 9402 of 2026
DR SOURABH CHOUHAN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rajas Pohankar - Advocate for the petitioner.
Smt. Janhavi Pandit - Additional Advocate General for
respondent/State.
ORDER
Per: Justice Vivek Rusia
After hearing learned counsel for the petitioner and learned Additional
Advocate General, with their consent, the writ petition is disposed of finally.
2. The petitioner has completed his Post-Graduation Course and has
been pursuing Senior Resident (SR) in lieu of a rural posting in government
hospitals from the respondent/College. He has been selected for Super
Specialty course conducted by the National Board of Examination and is
going to participate in the admission process of Super Specialty. Currently,
the counselling for the Super Specialty course is underway. The present
petition is filed by the petitioner being aggrieved by action of respondents in
denying release/return of all the original documents/marksheets, which are in
NEUTRAL CITATION NO. 2026:MPHC-JBP:22017
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the possession of the respondent/Medical College, therefore, prays for
direction to respondents to release the original documents to the petitioner.
3. As per policy and the Rules framed by the State Government,
admittedly, the original documents of the students are liable to be returned
only after completion of the total period of rural posting or deposit of the
Bond amount, as the case may be. The petitioner has not completed his
period of rural posting/ SR till date; he is liable to deposit the Bond amount
with the Government.
4. Learned counsel submits that the Director of Medical Education
vide order dated 25.2.2020 has relaxed the condition of furnishing a bank
guarantee for the release of original documents for MBBS passed students
who want to pursue Post Graduation; therefore, such relaxation cannot be
denied to petitioner who is identically placed, as he needs original documents
for higher studies of Super Specialty Course. This action of the respondents
is unreasonable and in violation of Article 14 of the Constitution.
5. This Court, in respect of medical students who have cleared the
MBBS course and got admission in the Post Graduate Courses, has issued
the following direction by order dated 28.11.2025 in the Writ Petition
No.46644/2025 [Dr.Annu Raghuwanshi & others Vs. State of M.P. & ors.] :-
"5. Keeping in view the overall facts & circumstances,
the following directions are issued to the respondents:-
(i) All the Government and Private Medical colleges are
directed to return the original documents to the
students/doctors, who have completed their internship at
any academic session, within two days after completion
of counselling and production of the allotment letter of
a college, and affidavits in a prescribed format about
completion of the remaining period of rural posting
NEUTRAL CITATION NO. 2026:MPHC-JBP:22017
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after grant of PG degree;
(ii) In case of the students/doctors, who belong to
SC/ST/OBC, EWS, and BPL categories, who have
completed their internship at any point of time, all the
Government and Private Medical colleges are directed
to return the original documents within two days after
completion of counselling and production of the
allotment letter of a college, and affidavits in a
prescribed format about completion of the remaining
period of rural posting after grant of PG degree and
Post-dated Cheque;
(iii) In case of students not falling in above (i) and (ii)
categories, their original documents be also returned
within two days after completion of counselling and
production of the allotment letter of a college, and
affidavits in a prescribed format about completion of
the remaining period of rural posting after grant of PG
degree, after completion of counselling and production
of the allotment letter of a college, and Bank Guarantee
and in a prescribed format for completion of the
remaining period of rural posting after grant of PG
degree, the original documents will be released within
two days to those students/doctors;
(iv) The students/doctors shall deposit the original
documents in the colleges, where they will take
admission for the Post-Graduation Course, and the same
shall be released only after the completion of the period
of Rural posting. The students/doctors shall submit a
copy of this order to the medical colleges situated in
any part of India for compliance of the above directions
at the time of admission."
6. Learned counsel for the petitioner submits this writ petition can
also be disposed of in the light of the above directions issued by this Court in
WP No.46644/2025 as the view taken by this Court has already been
confirmed by the Apex Court. In this regard he placed reliance on the
decision of Apex Court in Shyam Chandran Vs. State of Himachal Pradesh
[Civil Appeal No.562/2026 (arising out of SLP (C) No.3372/2026 decided
on 28.1.2026].
NEUTRAL CITATION NO. 2026:MPHC-JBP:22017
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7. The above directions shall apply mutatis mutandis to the
petitioner/doctor/student who has cleared the Post-Graduation Course and is
going to take admission in the Super Specialty Course. In addition to the
above directions, if the petitioner takes admission in the Medical Colleges
outside Madhya Pradesh, he shall also submit an undated cheque of the bond
amount to the Respondent No.3. The petitioner shall disclose to the College
that the petitioner is undergoing bond condition.
8. The petitioner shall deposit the original documents in the colleges,
where he will take admission for the Super Specialty course, and the said
college/institution shall release said documents to him only after the
completion of the period of Rural posting/SR by the petitioner.
(VIVEK RUSIA) (PRADEEP MITTAL)
JUDGE JUDGE
Prar
