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Madhya Pradesh High Court
Dr.Ishita Saraf vs Sttte Of Madhya Pradesh Through Its ... on 18 March, 2026
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2026:MPHC-IND:7477
1 WP-10062-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
&
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
ON THE 18 th OF MARCH, 2026
WRIT PETITION No. 10062 of 2026
DR.ISHITA SARAF AND OTHERS
Versus
STTTE OF MADHYA PRADESH THROUGH ITS PRINCPAL SECREARY
MEDICAL EDUCATION DEPARATMENT AND OTHERS
Appearance:
Mr. Prateek Jain, counsel for the petitioners.
Mr. Pradyumna Kibe, counsel for the State on advance notice.
ORDER
Per: Justice Vijay Kumar Shukla
The present petition is filed under Article 226 of the Constitution of India
seeking a direction to the respondent No.3 College to return the original
documents of the petitioners so that they can seek admission in the Super
Speciality course in pursuance of their results of NEET-SS, 2025.
Counsel for petitioners submits that in similar matters, the Supreme Court
has passed an order in Civil Appeal No.562/2026 (SLP) Civil No.3372/2026,
Shyam Chandran Vs. State of Himachal Pradesh order dated 28.1.2026 directs the
return of the original documents on certain conditions. Relying on the said
judgment, the co-ordinate bench at Jabalpur in the case of Dr. Adarsh Kumawat &
Ors. Vs. The State of MP & others WP No.8363/2026 on 10.3.2026 has passed a
similar order.
NEUTRAL CITATION NO. 2026:MPHC-IND:7477
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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 petitioners have not completed their period of rural posting/
SR to date; they are liable to deposit the Bond amount with the Government.
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 petitioners who are
identically placed, as they need original documents for higher studies of Super
Speciality Course. This action of the respondents is unreasonable and in violation
of Article 14 of the Constitution.
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 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
NEUTRAL CITATION NO. 2026:MPHC-IND:7477
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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
with the above directions at the time of admission."
Learned counsel for the petitioners submits that this writ petition can also be
disposed of in the light of the above directions issued by this Court in WP
No.46644/2025.
The above directions shall apply mutatis mutandis to all the
petitioners/doctors/students who have cleared the Post-Graduation Course and are
going to take admission in the Super Speciality Course. In addition to the above
directions, since the petitioners who are going to take admission in the Medical
Colleges outside Madhya Pradesh, they shall also submit an undated cheque of the
bond amount in the name of DME, Bhopal, to the college. The petitioners shall
deposit the original documents in the colleges, where they will take admission for
the Super Speciality course, and the said colleges/institutions shall release them
NEUTRAL CITATION NO. 2026:MPHC-IND:7477
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only after the completion of the period of Rural posting/SR by the petitioners.
With the aforesaid, the petition is disposed of. Counsel for the State shall
inform the respondent No.3 that they have to return the documents irrespective of
non-working days if the other conditions of the order are complied with by the
petitioners.
Certified copy today, as per Rules.
(VIJAY KUMAR SHUKLA) (JAI KUMAR PILLAI)
JUDGE JUDGE
Arun/-
