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Punjab-Haryana High Court

Dr. Rajinder Kumar Chawla vs Baba Farid University Of Health on 7 May, 2009

Bench: Ashutosh Mohunta, Nirmaljit Kaur

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                      CASE NO.: CWP No.11289 of 2004

                                       DATE OF DECISION: May 7, 2009


DR. RAJINDER KUMAR CHAWLA                               ...PETITIONER

                                 VERSUS

BABA FARID UNIVERSITY OF HEALTH                         ...RESPONDENTS
SCIENCES & OTHERS


CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA.
       HON'BLE MS. JUSTICE NIRMALJIT KAUR.


PRESENT: MR. SUMEET MAHAJAN, SR. ADVOCATE
         WITH MR. HARJOT SINGH MANN, ADVOCATE
         FOR THE PETITIONER.

             NONE FOR RESPONDENTS NO.1 & 2.

             MR. GURMINDER SINGH, ADVOCATE
             FOR RESPONDENT NO.3.


ASHUTOSH MOHUNTA, J.(ORAL)

Counsel for the petitioner submits that this case is clearly covered by the ratio of judgement in CWP No.4698-CAT of 2004, decided on 13.2.2009.

Mr. Gurminder Singh, counsel for Medical Council of India admits that the case is covered by the ratio of the aforementioned judgement. He, however, submits that in similar matters, the Medical Council of India is planning to file SLPs in the Hon'ble Supreme Court.

The fact that the respondents want to file SLPs in similar matters would not be a ground to not to allow this writ petition in the same terms as CWP No.4698-CAT of 2004, titled as Medical Council of India vs. Union of India etc. CWP No.11289 of 2004 -2- In view of the above, we set aside the impugned orders (Annexure P-13 and P-14) and allow the writ petition in terms of the ratio in CWP No.4698-CAT of 2004.



                                        (ASHUTOSH MOHUNTA)
                                              JUDGE



May 7, 2009                               (NIRMALJIT KAUR)
Gulati                                         JUDGE