Delhi High Court - Orders
Association Of Diplomate Of National ... vs National Medical Commission & Ors on 16 September, 2021
Author: Manmohan
Bench: Manmohan, Navin Chawla
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10326/2021
ASSOCIATION OF DIPLOMATE OF NATIONAL BOARD
DOCTORS & ANR. ..... Petitioners
Through: Mr.Sourabh Gupta, Mr.Puneet Yadav
& Mr.Prashant Dahat, Advs.
versus
NATIONAL MEDICAL COMMISSION & ORS.
..... Respondents
Through: Mr.T.Singhdev & Mr.Abhijit
Chakravarty, Advs. for R-1.
Mr.Maninder Singh, Sr. Adv. with
Mr.Kirtiman Singh, CGSC for R-2 &
Mr.Waize Ali Noor, Adv.
Mr.Harpreet Singh, Sr. Standing
Counsel for R-3 with Ms.Suhani
Mathur, Adv.
Mr.Ravi Prakash, CGSC for R-4 & R-
5 with Mr.Himanshu Pathak, GP &
Mr.Gurtejpal Singh, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 16.09.2021 The petition has been heard by way of video conferencing. CM APPL. 31788-89/2021 (Exemptions) Allowed, subject to all just exceptions.
W.P.(C) 10326/2021 & CM APPL. 31787/2021 Present writ petition has been filed challenging the notifications dated 15th January, 2021, 15th February, 2021 and 19th August, 2021 issued by the Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:18.09.2021 20:03:16 Respondent No.2 imposing 18% GST on Diplomate of National Board (DNB) candidates and also increasing the fee payable in contravention to the prospectus and draft guidelines by Respondent No 1. Petitioner also seeks directions to the Respondent No. 2 to mandatorily follow and implement the clarification regarding GST on supply of various services by Central and State Board (such as National Board of Examination) -reg. dated 17th June, 2021 and not to collect GST from DNB candidates in future as well as to refund the GST collected from DNB students in view of the impugned notifications.
Issue notice. Mr.T.Singhdev, learned counsel accepts notice on behalf of respondent no. 1, Mr.Kirtiman Singh, learned counsel accepts notice on behalf of respondent no. 2 and Mr.Ravi Prakash, learned counsel accepts notice on behalf of respondent no. 4. Since none appears for respondent no. 3/GST, this Court has requested Mr.Harpreet Singh, Standing Counsel for GST to accept notice on behalf of respondent no. 3. Let a copy of the writ petition be served upon him during the course of the day.
On the oral prayer made by the learned counsel for the petitioners, Union of India through Ministry of Finance is impleaded as respondent no. 5 in the present writ petition. Let an amended memo of parties be filed by tomorrow. Mr.Gurtejpal Singh, learned counsel accepts notice on behalf of the newly impleaded respondent no. 5.
Let the counter affidavits be filed within two weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.
List on 25th October, 2021.
It is clarified that any GST payments made by DNB students shall be subject to further orders to be passed by this Court.
Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:18.09.2021 20:03:16The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
MANMOHAN, J NAVIN CHAWLA, J SEPTEMBER 16, 2021/rv Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:18.09.2021 20:03:16