Delhi High Court - Orders
Shadab Rahmani vs National Medical Commission And Ors on 18 January, 2024
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 737/2024
SHADAB RAHMANI ..... Petitioner
Through: Mr. Adnan Yousuf, Adv.
versus
NATIONAL MEDICAL
COMMISSION AND ORS ..... Respondents
Through: Mr. T. Singhdev, Mr. Abhijit
Chakravarty, Mr. Tanishq Srivastava, Mr.
Anum Hussain and Mr. Bhanu Gulati, Adv.
for Respondent 1
Mr. Kirtiman Singh, Mr. Waize Ali Noor,
Mr. Varun Rajawat, Mr. Kartik Baijal, Ms.
Shreya V. Mehra and Ms. Vidhi Jain, Advs.
for Respondent 2
Mr. Sanjeev Kumar Baliyan, Adv. for
Respondents 4 to 6
Mr. Satyakam, ASC for Respondent 7
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 18.01.2024
1. It appears that the reason why the petitioner's qualification is not being granted recognition is that the Directorate of Education (DOE), GNCTD has taken a stand, in its communication dated 12 April 2023 - to which reference is contained in an incomplete letter dated 3 January 2024 filed as Annexure P-12 to the writ petition - that the Jamia Milia Islamia (JMI) is not recognized by or affiliated, to, the DOE. Mr. Singhdev has handed over, across the Bar, the said letter. He is directed to place it on record under a cover of an index during the course of the day. No formal affidavit is required to accompany W.P.(C) 737/2024 Page 1 of 3 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 24/01/2024 at 21:33:21 the letter. The copies of the letter would also be provided to the parties including to the petitioner.
2. The DOE, GNCTD is clearly a necessary party in this case. However, it has not been impleaded. The DOE is accordingly impleaded as Respondent 7.
3. Let an amended memo of parties be placed on record within one week from today.
4. Let Court notice issue to Mr. Satyakam, who appears on behalf of the DOE, to be present in this Court today after lunch i.e. at 2:30 p.m. to assist the Court.
5. The Registry as well as the Court Master are directed to inform him in this regard. Mr. Satyakam is requested to obtain a copy of the paper book in electronic format from the Court Master.
At 2.30 p.m.
6. After lunch, at 2:30 p.m., Mr. Satyakam appears and submits that, though schools run by the JMI are not recognized by the DOE, recognition by the DOE is not a prerequisite for the relief that the petitioner has sought. He submits that the issue may possibly be covered by judgment dated 30 October 2019 passed by a coordinate Bench of this Court in Abdul Lateef Nomani v. University of Delhi.
7. In these circumstances, issue notice to show cause as to why rule nisi be not issued.
W.P.(C) 737/2024 Page 2 of 3This 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 24/01/2024 at 21:33:21
8. Notice is accepted on behalf of Respondent 1 by Mr. Singhdev, on behalf of Respondent 2 by Mr. Waize Ali Noor and on behalf of Department of Education, which was impleaded today, by Mr. Satyakam.
9. Let notice issue to Respondents 3 to 6 by all modes including dasti.
10. Counter affidavits, if any, be filed within three weeks with advance copies to learned counsel for the petitioner, who may file rejoinder thereto, within two weeks thereof.
11. Renotify on 29 February 2023.
12. In the meanwhile, the petitioner is provisionally permitted to appear in the FMGE which is scheduled to be held on 20 January 2024. The concerned respondents would take steps in order to ensure the petitioner's presence. The result of the petitioner shall be kept in a sealed cover and brought on the next date of hearing.
13. As the Court has permitted the petitioner to appear in the examination, the NBEMS would not insist on the eligibility certificate for the petitioner to appear.
C.HARI SHANKAR, J JANUARY 18, 2024/rb/yg Click here to check corrigendum, if any W.P.(C) 737/2024 Page 3 of 3 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 24/01/2024 at 21:33:22