Delhi High Court - Orders
Dr Umesh Tiwari & Ors vs Union Of India & Ors on 14 September, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~37 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10174/2021
DR UMESH TIWARI & ORS. ..... Petitioners
Through: Ms. Garima Prashad, Senior
Advocate with Mr. Sanjay
Vashishtha, Mr. Rahul Kumar &
Mr. Akshay Chowdhary,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Rajesh Gogna, CGSC with
Mr. Vaibhav Anand and
Ms.Bhawna Sharma, Advs. for
R-1/UOI.
Mr. Kirtiman Singh, Mr. Waize Ali
Noor & Mr. Taha Yasin, Advs. for
R-2.
Mr. T.Singhdev & Mr.Abhijit
Chakravarty, Advs. for R-3.
Mr. Dushyant Parashar & Mr.
Manu Parashar, Advocate for R-4.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 14.09.2021 The proceedings in the matter have been conducted through hybrid mode [physical and video conferencing].
CM APPL. 31383/2021(exemption) Exemption allowed, subject to all just exceptions.
Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:15.09.2021 23:46:16 W.P.(C) 10174/2021 Page 1 of 3The application stands disposed of.
W.P.(C) 10174/2021 & CM APPL. 31384/2021(stay)
1. The petitioners are doctors who have been granted the Doctor of Medicine degree in Laboratory Medicine ["MD Laboratory Medicine"] from the All India Institute of Medical Sciences, New Delhi. They wish to apply for the Doctor of Medicine in Haematology ["DM Haematology"]. Their grievance is that the respondent No. 2-National Board of Examinations ["NBE"] has issued an Information Bulletin for the National Eligibility Cum Entrance Test-Super Speciality ["NEET- SS"] in which MD [Laboratory Medicine] is not regarded as a feeder course for any of the super specialities leading to the DM degree.
2. Ms. Garima Prashad, learned Senior Counsel for the petitioners, submits that MD [Laboratory Medicine] has been included in the schedule to the Postgraduate Medical Education Regulations, 2000, by way of a notification dated 02.09.2020. She points out that the petitioners thereafter made a representation on 09.11.2020 to the NBE with regard to their eligibility for the NEET-SS. The NBE responded on 09.03.2021, referring the petitioners to the Information Bulletin of NEET-SS, 2021 as and when it is notified, for details of the eligibility criteria prescribed. It is in these circumstances that the petitioners awaited the publication of the Information Bulletin, but are aggrieved by the non-inclusion of MD [Laboratory Medicine] therein.
3. Mr. T. Singhdev, learned counsel for the respondent-National Medical Commission ["NMC"], who appears on advance notice, submits that the petitioners may, under Section 25(1)(d) of the National Medical Commission Act, 2019 ["the Act"], approach the Post-Graduate Medical Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:15.09.2021 23:46:16 W.P.(C) 10174/2021 Page 2 of 3 Education Board ["PGMEB"] of the NMC in respect of their grievances.
4. Ms. Prashad states that the petitioners will file a representation before the PGMEB in this regard by tomorrow. As the last date for submission of forms for NEET-SS, 2021 is 04.10.2021, the PGMEB is directed to disposed of the petitioners' representation by 01.10.2021.
5. Mr. Singhdev points out that in the event the decision of the PGMEB is adverse to the petitioners, the petitioners will have a remedy of appeal to the NMC under Section 22(3) of the Act, and a further appeal to the Union of India under Section 9(6) thereof.
6. The writ petition, alongwith the pending application, is disposed of in terms of the aforementioned directions.
PRATEEK JALAN, J SEPTEMBER 14, 2021 'pv'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:15.09.2021 23:46:16 W.P.(C) 10174/2021 Page 3 of 3