D.Alisha Lionald v. The National Medical Commission And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/973/2023 D. Alisha Lionald Vs.

The National Medical Commission and others Mr. Gopala Binnu Kumar, Ms. Vinita Devi ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the Administration Ms. Tasneem ... for the respondent no.1 November 23, 2023 [SR] Item No.21 The petitioners are unsuccessful students in the MMBS course conducted by the Union Territory of Andaman and Nicobar Islands. They were selected and admitted in the first year MBBS course under the respondent no.4 but could not successfully clear the first year of the MBBS professional course in four attempts. Thereafter they made a request to return of the original certificates deposited by them at the time of their admission.

Being unsuccessful in four attempts, they made a request to return the original certificates.

The administration appears to have denied the return of their certificates on the ground of their unsuccessful performance without furnishing surety bond of Rs.10 lacs. Appendix H read with UGC Circular dated 6th December, 2016, in my view, does not permit them to withhold the original certificates.

Moreover, it is also doubtful whether the authorities can retain the surety amount on the basis of any one of the clauses mentioned in the surety bond. For the sake brevity the clauses are mentioned below:

"a. If the student does not join the course at the ANIIMS on or before the stipulated date.

b. If the student leaves the course before its completion.

c. If the admission/registration of the student is cancelled/terminated by the University on account of unsatisfactory performance/misconduct/indiscipine. d. If the student does not serve eh Andaman and Nicobar Administration for a period of 1 year after obtaining the degree.

e. If the student leaves India within a period of 5 years from the date of obtaining the degree."

The failure on the part of the petitioners to successfully complete the first year MBBS professional course cannot be brought within the purview of any one of the circumstances for which the students can be asked to furnish surety bond of Rs.10.00 lakhs each.

In view thereof, I direct the respondent no.4 to return the original certificates within a period of three weeks from date.

The writ petition stands disposed of. However, there shall be no order as to costs.

Urgent certified photostat copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities.

( Soumen Sen, J. )