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Delhi High Court - Orders

Dr. Mahesh Prakash Shinde & Ors. & Ors vs Union Of India & Ors. & Ors on 11 September, 2023

Author: Manmohan

Bench: Manmohan

                                          $~13 to 16
                                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          +           LPA 15/2023
                                                      DR. MAHESH PRAKASH SHINDE & ORS. & ORS...... Appellants
                                                                    Through: Mr. Apoorve Karol with Ms. Mithu
                                                                              Jain and Mr. Lakshay Sharma,
                                                                              Advocates.
                                                                    versus
                                                      UNION OF INDIA & ORS. & ORS.              ..... Respondents
                                                                    Through: Mr. T.P. Singh, Sr. Central Govt.
                                                                              Counsel with Mr. Sunil Kumar Gupta,
                                                                              Under Secretary, MoHFW for
                                                                              respondent no. 1/UOI.
                                                                              Mr. T. Singhdev, Mr. Abhijit
                                                                              Chakravarty, Advocates for R2/NMC
                                                                              Mr. Kirtiman Singh, Mr. Waize Ali
                                                                              Noor, Mr. Varun Rajawat, Mr.
                                                                              Madhav Bajaj, Ms. Taha Yasin,
                                                                              Advocates for respondent no. 3/NBE
                                                                              Mr. Akhil Sibal, Sr. Advocate with
                                                                              Mr. Shivanshu Bhardwaj and Mr.
                                                                              Archit Mudgal, Advocates for R-
                                                                              4/CPS
                                          14
                                          +           LPA 16/2023
                                                      DR. RASHI SATYANARAYAN SONI & ORS. ..... Appellants
                                                                    Through: Mr. Apoorve Karol with Ms. Mithu
                                                                             Jain and Mr. Lakshay Sharma,
                                                                             Advocates.
                                                                    versus
                                                      UNION OF INDIA & ORS.                                                       ..... Respondents
                                                                    Through:                                     Ms. Nidhi Raman, CGSC with Mr.
                                                                                                                 Zubin Singh, Advocate for UOI
                                                                                                                 Mr. T. Singhdev, Mr. Abhijit
                                                                                                                 Chakravarty, Advocates for R2/NMC
                                                                                                                 Mr. Kirtiman Singh, Mr. Waize Ali



                                                 LPA 15/2023 & other connected matters                                                     Page 1 of 4

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 16/09/2023 at 17:49:09
                                                                                                                  Noor, Mr. Varun Rajawat, Mr.
                                                                                                                 Madhav Bajaj, Ms. Taha Yasin,
                                                                                                                 Advocates for respondent no. 3/NBE
                                                                                                                 Mr. Akhil Sibal, Sr. Advocate with
                                                                                                                 Mr. Shivanshu Bhardwaj and Mr.
                                                                                                                 Archit Mudgal, Advocates for R-
                                                                                                                 4/CPS
                                          15
                                          +           LPA 87/2023
                                                      COLLEGE OF PHYSICIANS AND SURGEONS OF
                                                      MUMBAI                              ..... Appellant
                                                                                         Through:                Mr. Akhil Sibal, Sr. Advocate with
                                                                                                                 Mr. Shivanshu Bhardwaj and Mr.
                                                                                                                 Archit Mudgal, Advocates
                                                                                         versus

                                                      UNION OF INDIA AND ORS                   ..... Respondents
                                                                    Through: Mr. T.P. Singh, Sr. Central Govt.
                                                                             Counsel with Mr. Sunil Kumar Gupta,
                                                                             Under Secretary, MoHFW for
                                                                             respondent no. 1/UOI.
                                                                             Mr. T. Singhdev, Mr. Abhijit
                                                                             Chakravarty, Advocates for R2/NMC
                                                                             Mr. Kirtiman Singh, Mr. Waize Ali
                                                                             Noor, Mr. Varun Rajawat, Mr.
                                                                             Madhav Bajaj, Ms. Taha Yasin,
                                                                             Advocates for respondent no. 3/NBE
                                          16
                                          +           LPA 149/2023 & CM APPLs. 9913/2023, 9914/2023, 9917/2023,
                                                      42078/2023, 44268/2023 & 44269/2023
                                                      DR SACHIN GAGAJIBHAI SHETA                                                   ..... Appellant
                                                                                         Through:                Mr. Apoorve Karol with Ms. Mithu
                                                                                                                 Jain and Mr. Lakshay Sharma,
                                                                                                                 Advocates.
                                                                                         versus




                                                 LPA 15/2023 & other connected matters                                                       Page 2 of 4

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 16/09/2023 at 17:49:09
                                                       UNION OF INDIA AND ORS                   ..... Respondents
                                                                    Through: Ms. Nidhi Raman, CGSC with Mr.
                                                                             Zubin Singh, Advocate for UOI
                                                                             Mr. T. Singhdev, Mr. Abhijit
                                                                             Chakravarty, Advocates for R2/NMC
                                                                             Mr. Kirtiman Singh, Mr. Waize Ali
                                                                             Noor, Mr. Varun Rajawat, Mr.
                                                                             Madhav Bajaj, Ms. Taha Yasin,
                                                                             Advocates for respondent no. 3/NBE
                                                      CORAM:
                                                      HON'BLE MR. JUSTICE MANMOHAN
                                                      HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                                                         ORDER

% 11.09.2023

1. Mr. Akhil Sibal, learned senior counsel for College of Physicians and Surgeons of Mumbai (CPS) states that in view of the clarifications sought by this Court with regard to functioning of CPS Mumbai as well as the issues in the present appeals, his client will require at least three weeks' time to file a supplementary affidavit.

2. Mr. T.P. Singh, Senior Central Government Counsel states that he will also require some time to produce the entire file of CPS Mumbai before this Court.

3. Learned counsel for appellant states that he had agreed not to press his interim applications as he was conveyed an impression that all parties would conclude the final hearing within a week. He emphasises that the last date for filing of the DNB form is 20th September, 2023 and the first examination is scheduled for 12th October, 2023.

4. Keeping in view the aforesaid, this Court is of the view that it would not be possible to conclude the hearing and pronounce the final judgment prior to 12th October, 2023.

LPA 15/2023 & other connected matters Page 3 of 4

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 16/09/2023 at 17:49:10

5. Accordingly, with the consent of parties, the applications for interim relief being CM APPL. 1090/2023 and CM APPL. 1095/2023 are restored and the order dated 28th August, 2023 is recalled to that extent.

6. List on 13th September, 2023.

MANMOHAN, J MINI PUSHKARNA, J SEPTEMBER 11, 2023 au LPA 15/2023 & other connected matters Page 4 of 4 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 16/09/2023 at 17:49:10