Delhi High Court - Orders
Korakkandan Arshad Ali And Ors vs Union Of India And Ors on 27 October, 2022
Author: Satish Chandra Sharma
Bench: Chief Justice, Subramonium Prasad
$~15.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2564/2022 and CM APPL. 7335/2022 & 38982/2022
KORAKKANDAN ARSHAD ALI AND ORS ..... Petitioners
Through: Mr. P.V. Dinesh, Mr. Rahul Raj
Mishra, Mr.Ashwini Kumar Singh &
Mr. Bineesh K, Advocates.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. T. Singhdev, Mr. Bhanu Gulati,
Mr. Abhijit Chakravarty, Ms.Michelle
B. Das & Ms. Raman Preet Kaur,
Advocates for Respondent/ NMC.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 27.10.2022
1. The present Public Interest Litigation (PIL) has been filed by the Petitioners for issuance of appropriate writ, order or directions to the National Medical Commission (NMC) to allow physical training of Indian students studying medicine in China who came back to India on account of the Covid-19 Pandemic.
2. The Petitioners have prayed for the following reliefs:
"A. Please pass an appropriate Writ or directions, declaring Clause 2 (iii) of Schedule I Schedule-I of the National Medical· Commission (Foreign Medical Graduate Licentiate) Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:31.10.2022 18:25:55 Regulations, 2021 as notified on 18.11.2021 which stipulates that the training/internship/clerkship to be done outside India in the same foreign medical institution throughout the course of study, as violative of the fundamental rights of education of the Petitioners who are studying outside India,· and ;
B. Please to direct the National Medical Commission to recognize· online classes attended by the Petitioners by their universities situated in China; and, C. Please to direct the Ministry· of External Affairs to meet the Chinese authorities concerned and address and resolve the concerns of the Petitioners and, D. Please to direct the National Medical Commission to allow· physical training/internship/clerkship of the Petitioners after getting necessary permissions from the Ningbo University (China); and· recognize the completion of the course from any other university outside China E. Please to pass any other direction(s) or order(s) as may be deemed fit."
3. This Court on 02.08.2022 requested the Union of India as well as the NMC to look into the grievance of the Petitioners. An affidavit dated 01.10.2022 has been filed by the NMC. The additional affidavit which has been filed makes it very clear that the Chinese Universities are now permitting the students to return to China so as to complete their course, and at present, there is no travel restriction in terms of the X1 Visa which is issued by the Chinese Government. Paragraph 8 of the said affidavit is reproduced as under:
"8. It is thus submitted that the petitioners as per the aforesaid updated application procedures & material requirements for obtaining visa on the Chinese Visa Application Service Centre in New Delhi, can now return to Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:31.10.2022 18:25:55 China to resume their course/ studies upon submitting the 'Certificate of Returning to Campus‟ as issued by Ningbo University, China. The Embassy of the People‟s Republic of China in New Delhi shall issue 'XI Visa‟ to the petitioners upon them submitting the „Certificate of Returning to Campus‟ as issued by Ningbo University, China. Hence, the grievance raised in the present petition stands satisfied by the aforesaid measures initiated ] by the Embassy of the People‟s Republic of China in New Delhi. The present writ petition deserves to be closed on this ground alone. It is prayed accordingly."
4. In light of the aforesaid, as X1 Visas are now being issued - enabling the students to complete their course, no further orders are required to be passed in the present PIL. The same stands disposed of accordingly.
5. All other pending applications also stand disposed of.
SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J OCTOBER 27, 2022 B.S. Rohella Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:31.10.2022 18:25:55