Citation : 2026 Latest Caselaw 2743 MP
Judgement Date : 18 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:22531
1 WP-9247-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE PRADEEP MITTAL
ON THE 18th OF MARCH, 2026
WRIT PETITION No. 9247 of 2026
DR.GORANTA NAVYA SREE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Prateek Jain - Advocate for the petitioners.
Smt. Janhavi Pandit - Additional Advocate General for
respondent/State.
ORDER
Per: Justice Vivek Rusia
After hearing learned counsel for the petitioners and learned Additional Advocate General, with their consent, the writ petition is disposed of finally.
2. The Petitioners completed their postgraduate medical studies from
a government medical college in Madhya Pradesh and were declared passed. They have been selected for Super Specialty courses conducted by the National Board of Examination and are 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 petitioners being aggrieved by action of respondents in denying
NEUTRAL CITATION NO. 2026:MPHC-JBP:22531
2 WP-9247-2026 release/return of all the original documents/marksheets, which are in the possession of the respondent/Medical College, therefore, prays for direction to respondents to release the original documents to the petitioners.
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 petitioners have not completed their period of rural posting/ SR till date; they are 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 petitioners who are identically placed, as they need 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
NEUTRAL CITATION NO. 2026:MPHC-JBP:22531
3 WP-9247-2026 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 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 petitioners 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
NEUTRAL CITATION NO. 2026:MPHC-JBP:22531
4 WP-9247-2026 [Civil Appeal No.562/2026 (arising out of SLP (C) No.3372/2026 decided on 28.1.2026].
7. 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 Specialty 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 to the Respondent No.3. The petitioners shall disclose to the College that the petitioners are undergoing bond condition.
8. The petitioners shall deposit the original documents in the colleges, where they will take admission for the Super Specialty course, and the said colleges/ institutions shall release them only after the completion of the period of Rural posting/SR by the petitioners. Thereafter respondent- colleges shall forward that cheque and one set of photocopy of the documents to the Director, Medical Education.
C.C today.
(VIVEK RUSIA) (PRADEEP MITTAL)
JUDGE JUDGE
Prar
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