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Delhi High Court - Orders

Medical Cadet Soubhik Chakraborty vs Union Of India & Ors on 20 January, 2025

Author: Navin Chawla

Bench: Navin Chawla

                             $~73
                             *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +    W.P.(C) 6081/2021
                                  MEDICAL CADET SOUBHIK CHAKRABORTY
                                                                               .....Petitioner
                                                   Through: Dr. S.K. Khattri, Adv.

                                                                            versus

                                       UNION OF INDIA & ORS.
                                                                                                                    .....Respondents
                                                                            Through:                 Mr.Bhagwan Swarup Shukla,
                                                                                                     CGSC with Mr.Sarvan Kumar,
                                                                                                     Adv. along with Major Anish
                                                                                                     Muralidhar, Army.

                                 CORAM:
                                 HON'BLE MR. JUSTICE NAVIN CHAWLA
                                 HON'BLE MS. JUSTICE SHALINDER KAUR
                                                ORDER

% 20.01.2025 CM APPL. 3180/2025

1. This application has been filed by the petitioner praying for the respondents to issue a No Objection Certificate in favour of the petitioner for obtaining his MBBS degree from Maharashtra University of Health Sciences.

2. It is asserted that the said degree is required by the petitioner to appear for membership in the Royal College of Physicians, United Kingdom (MRCP) Examination. The learned counsel for the petitioner submits that the examination shall be conducted in India and it does not entail for the petitioner to travel abroad.

3. Issue notice.

4. Notice is accepted by Mr. Bhagwan Swarup Shukla, the learned This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/02/2025 at 23:58:32 counsel on behalf of the respondents. He prays for time to seek instructions.

5. The petitioner has completed his MBBS and is presently pursuing an MD in Emergency Medicine at the All India Institute of Medical Sciences, New Delhi. He merely wishes to appear for the above-mentioned examination. While the petition is pending, we do not see any reason why the petitioner should not be allowed to pursue his studies or career progression further.

6. We, therefore, direct the respondents to issue a No Objection Certificate in favour of the petitioner for obtaining his MBBS degree from Maharashtra University of Health Sciences. However, the present order shall not create any special equity in favour of the petitioner while deciding the petition on merit.

7. We further make it clear that the petitioner, on the basis of this order, shall not leave the country till the pendency of the present petition, without obtaining prior permission of this Court.

8. With the above direction, the application is disposed of.

NAVIN CHAWLA, J SHALINDER KAUR, J JANUARY 20, 2025/rv/DG Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/02/2025 at 23:58:32