[Cites 2, Cited by 0]
Madhya Pradesh High Court
Dr. Ankur Shukla vs The State Of Madhya Pradesh on 18 March, 2026
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2026:MPHC-JBP:22455
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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. 9246 of 2026
DR. ANKUR SHUKLA 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 private medical college in Madhya Pradesh and were declared as
passed. They qualified NEET-SS 2025, results of which declared in January
2026 for making them eligible for admission of Super Specialty
courses. Admission counselling is expected soon and submission of original
documents is required. The Respondent private college has withheld the
Petitioners' original documents due to a bond condition. The college is
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demanding a bank guarantee of ₹10,00,000 for release of documents. It is
stated that this demand is arbitrary, as the 2017 Rules permitting such a
condition apply only to government colleges not to private institutions. The
present petition is filed by the petitioners being aggrieved by action of
respondents in denying 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
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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 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
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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].
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
DME.
C.C today.
(VIVEK RUSIA) (PRADEEP MITTAL)
JUDGE JUDGE
Prar
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