Delhi High Court - Orders
Hemang Chaturvedi vs Union Of India And Anr on 26 February, 2020
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1248/2020
HEMANG CHATURVEDI ..... Petitioner
Through: Mr. Shivam Singh with Mr. Rohit
Kumar Singh and Mr. Harpreet Singh
Gupta, Advocates.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through: Mr. Satya Ranjan with Mr. Sahaj
Garg and Mr. Kautilya Birat,
Advocates for respondent no. 1/UOI.
Mr. T. Singhdev with Ms. Puja
Sarkar, Mr. Abhijit Chakravarty and
Ms. Arunima Pal, Advocates for
respondent/MCI.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 26.02.2020 CM APPLs. 4316/2020 & 4317/2020 (Exemptions)
1. Allowed, subject to just exceptions.
W.P.(C) 1248/2020
2. This is a second round of litigation.
3. The petitioner has approached this Court in an earlier round via a writ petition bearing no. 12921/2019. This writ petition was disposed of on 09.12.2019.
W.P.(C) 1248/2020 page 1 of 3
4. Pursuant to the directions issued by this Court, the Board of Governors (in short "BOGs") of respondent no. 2/MCI have passed the impugned order dated 22.01.2020.
5. The BOGs have rejected the petitioner's request for migration for various reasons which are indicated in paragraphs 7 to 11 of the impugned order.
6. One of the grounds on which the request of the petitioner has been declined is that the disease with which he is afflicted i.e. Urticaria is treatable in the medical college in which he is presently admitted. Furthermore, the suggestion is that the disease is not serious.
7. Mr. Shivam Singh, who, appears on behalf of the petitioner says that the petitioner's disease has affected his voice box as well as lymph nodes.
8. Furthermore, Mr. Singh says that the amended regulation required, inter alia, the BOGs to examine as to whether or not the request of the petitioner was genuine, there was availability of a seat in the transferee college, and no objection was given both by the transferor and transferee college.
9. I will examine these aspects after the counter-affidavit is filed in the matter by Mr. Singhdev.
10. Issue notice to the respondents.
11. Mr. Satya Ranjan accepts notice on behalf of respondent no. 1/UOI while Mr. T. Singhdev accepts notice on behalf of respondent no. 2/MCI.
12. Counter-affidavits be filed within two weeks.
13. Rejoinders thereto, if any, be filed before the next date of hearing.
14. Furthermore, the petitioner is directed to present himself before the W.P.(C) 1248/2020 page 2 of 3 Director, AIIMS, along with his medical papers on 04.03.2020 at 11:00am.
15. In case, this date is not convenient to the Director, AIIMS, he will fix another date which will be in close proximity to the date indicated by the Court.
16. The Director, AIIMS, will direct the petitioner's examination and a report generated thereafter will be placed before the Court in a sealed cover.
17. Renotify the matter on 31.03.2020.
RAJIV SHAKDHER, J
FEBRUARY 26, 2020
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W.P.(C) 1248/2020 page 3 of 3