Delhi High Court - Orders
Dr Gurwinder Singh & Anr vs Medical Council Of India & Ors on 25 July, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~24, 38 to 40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 612/2019
DR GURWINDER SINGH & ANR ..... Appellants
Through: Mr P.S. Patwalia, Sr. Adv. with Mr
Virendra Rawat, Adv.
versus
MEDICAL COUNCIL OF INDIA & ORS ..... Respondents
Through: Mr Vikas Singh, Sr. Adv. with Mr T.
Singhdev, Ms Michelle Biakthansangi
Das, Mr Abhijit Chakravarty, Mr
Bhanu Gulati and Ms Priyanka
Khosla, Advs. for R-1/NMC.
Mr Zorawar Singh, Adv. for R-3.
+ LPA 614/2019 & CM No.13134/2021
DR MAYANK SHARMA ..... Appellant
Through: Mr P.S. Patwalia, Sr. Adv. with Mr
Virendra Rawat, Adv.
versus
MEDICAL COUNCIL OF INDIA & ORS ..... Respondents
Through: Mr Vikas Singh, Sr. Adv. with Mr T.
Singhdev, Ms Michelle Biakthansangi
Das, Mr Abhijit Chakravarty, Mr
Bhanu Gulati and Ms Priyanka
Khosla, Advs. for R-1/NMC.
Mr Zorawar Singh, Adv. for R-3.
LPA 612/2019 & connected matters page 1 of 6
+ LPA 643/2019 & CM Nos.43947-48/2019
DR ALBEE GUPTA ..... Appellant
Through: Mr P.S. Patwalia, Sr. Adv. with Mr
Virendra Rawat, Adv.
versus
MEDICAL COUNCIL OF INDIA & ORS ..... Respondents
Through: Mr Vikas Singh, Sr. Adv. with Mr T.
Singhdev, Ms Michelle Biakthansangi
Das, Mr Abhijit Chakravarty, Mr
Bhanu Gulati and Ms Priyanka
Khosla, Advs. for R-1/NMC.
Mr Zorawar Singh, Adv. for R-3.
+ LPA 716/2019, CM Nos.49067-70/2019, 13115/2021 & 13892/2021
DR HARNOOR SINGH PRUTHI ..... Appellant
Through: Mr Virendra Rawat and Mr R.
Surendran, Advs.
versus
MEDICAL COUNCIL OF INDIA & ORS ..... Respondents
Through: Mr Vikas Singh, Sr. Adv. with Mr T.
Singhdev, Ms Michelle Biakthansangi
Das, Mr Abhijit Chakravarty, Mr
Bhanu Gulati and Ms Priyanka
Khosla, Advs. for R-1/NMC.
Mr Zorawar Singh, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 25.07.2022 [Physical Hearing/Hybrid Hearing (as per request)] CM No.43948/2019 in LPA 643/2019[Application filed on behalf of the appellant seeking condonation of delay of 30 days in filing the appeal] LPA 612/2019 & connected matters page 2 of 6 CM No.49068/2019 [Application filed on behalf of the appellant seeking condonation of delay of 15 days in filing the appeal] & CM No. 49069/2019 in LPA No.716/2019[Application filed on behalf of the appellant seeking condonation of delay of 30 days in refiling the appeal]
1. These are the applications for condonation of delay in filing and re- filing the appeals.
2. Mr Vikas Singh, learned senior counsel, who appears on behalf of respondent no.1/NMC, says he has no objection to the delay being condoned.
2.1 It is ordered accordingly.
3. The applications are, accordingly, disposed of. CM No.43947/2019 in LPA 643/2019 CM No.49067/2019 in LPA 716/2019 [Applications filed on behalf of the appellant seeking interim relief]
4. Mr P.S. Patwalia, who appears on behalf of the appellants, says that he does not wish to press the captioned applications.
5. The applications are, accordingly, dismissed as not pressed. CM No. 49070/2019 in LPA No.716/2019
6. This is an application filed on behalf of the appellant to bring on record additional documents.
7. Issue notice to the respondents.
7.1. Mr T. Singhdev accepts notice on behalf of respondent no.1/NMC, while Mr Zorawar Singh accepts notice on behalf of respondent no.3.
8. Reply will be filed within 10 days from today. LPA 612/2019 & connected matters page 3 of 6 8.1. Rejoinder thereto, if any, will be filed before the next date of hearing.
9. List the application on 13.10.2022.
CM No.13892/2021 in LPA No.716/2019
10. This is an application filed on behalf of the appellant for placing on record an additional affidavit.
10.1. The substantive prayer made in the application reads as under:
"a. allow the present application and additional affidavit on record as treat as part and parcel of the present LPA;and"
11. Issue notice to the respondents.
11.1. Mr T. Singhdev accepts notice on behalf of respondent no.1/NMC while Mr Zorawar Singh accepts notice on behalf of respondent no.3.
12. Reply will be filed within 10 days from today. 12.1. Rejoinder thereto, if any, will be filed before the next date of hearing.
13. List the application on 13.10.2022.
CM No.13134/2021 in LPA 614/2019 CM No.13115/2021 in LPA 716/2019
14. These are the applications filed on behalf of the appellants seeking impleadment of the Chairperson, National Medical Commission (NMC).
15. Mr Vikas Singh learned senior counsel, who appears on behalf of the respondent/NMC, says that he has no objection to the prayer made in the application being allowed.
15.1 It is ordered accordingly.
16. The amended memo of parties is taken on record.
17. The applications are disposed of, in the aforesaid terms.
LPA 612/2019 LPA 614/2019LPA 612/2019 & connected matters page 4 of 6 LPA 643/2019 LPA 716/2019
18. It appears that the core dispute obtaining between the parties, centers around the notification dated 07.03.2008, issued by the Department of Health and Family Welfare, Ministry of Health and Family Welfare.
19. The appellants have obtained their Post Graduate Degree (MD) from the University of Buckingham, United Kingdom (UK).
20. Insofar as the UK is concerned, the following part of the notification is relevant:
"In the said Schedule under the heading "Part II Recognized Medical Qualifications Granted by Medical Institutions outside India not included in the Second Schedule", after the entries relating the qualification Doctor of Philosophy (Ph.D.) in Medical Sciences (Dagastan Medical Institute), U.S.S.R* and below the explanation of the askterik (*), the following shall be added, namely:-
xxx xxx xxx All post graduate medical qualifications awarded in United Kingdom and recognized for enrolment as medical practitioners in the concerned specialties in that country."
21. Mr P.S. Patwalia, learned senior counsel, who appears on behalf of the appellants, says that he is in personal difficulty today and that he will address arguments on this aspect of the matter on the next date of hearing. 21.1. However, Mr Patwalia has stressed the fact that the University of Buckingham was shown on the website of the Medical Council of India (now, National Medical Council) as one of the universities from which the aforementioned qualification could have been obtained. LPA 612/2019 & connected matters page 5 of 6 21.2. Arguments, on this aspect, will be heard on the next date of hearing.
22. Accordingly, list the matter on 13.10.2022.
RAJIV SHAKDHER, J TARA VITASTA GANJU, J JULY 25, 2022/aj Click here to check corrigendum, if any LPA 612/2019 & connected matters page 6 of 6