Delhi High Court - Orders
Dr. Ojasvi Sharma & Ors vs Union Of India & Anr on 25 January, 2019
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~19 to 27 except 22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6479/2016
DR. OJASVI SHARMA & ORS ..... Petitioners
Through: Mr Sanat Kumar, Senior Advocate
with Mr Virendra Rawat and Mr
Kamal Kapoor, Advocates.
versus
UNION OF INDIA & ANR ..... Respondents
Through Mr Vikas Singh, Senior Advocate
with Mr T. Singhdev, Advocate for
MCI.
WITH
+ W.P.(C) 9132/2016
SHRUTI JAIN ..... Petitioner
Through: Mr Sanat Kumar, Senior Advocate
with Mr Virendra Rawat and Mr
Kamal Kapoor, Advocates.
versus
UNION OF INDIA & ANR ..... Respondents
Through: Mr G. Tushar Rao, Advocate for R-1.
Mr Vikas Singh, Senior Advocate
with Mr T. Singhdev, Advocate for
MCI.
WITH
+ W.P.(C) 8170/2017 and CM APPL. 33568/2017
MANISH CHANDRA SINGH ..... Petitioner
Through: Mr Sanat Kumar, Senior Advocate
with Mr Virendra Rawat and Mr
Kamal Kapoor, Advocates.
versus
UNION OF INDIA & ANR ..... Respondents
Through: Mr Vikas Singh, Senior Advocate
with Mr T. Singhdev, Advocate for
MCI.
Mr Abhay Prakash Sahay, CGSC
with Mr Suraj Kumar, Advocate for
UOI.
WITH
+ W.P.(C) 5102/2018
DR. HARNOOR SINGH PRUTHI ..... Petitioner
Through: Mr P.S. Patwalia, Senior Avocate
with Mr Virendra Rawat, Advocate.
versus
UNION OF INDIA & ANR ..... Respondents
Through: Mr Vikas Singh, Senior Advocate
with Mr T. Singhdev, Advocate for
MCI.
WITH
+ W.P.(C) 5432/2018 and CM APPL. 21093/2018
DR. GURWINDER SINGH ..... Petitioner
Through: Mr Sanat Kumar, Senior Advocate
with Mr Virendra Rawat and Mr
Kamal Kapoor, Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr Vikas Singh, Senior Advocate
with Mr T. Singhdev, Advocate for
MCI.
Mr Zorawar Singh, Advocate for R-
3/Punjab Medical Council.
WITH
+ W.P.(C) 5436/2018 and CM APPL. 21098/2018
DR. MAYANK SHARMA ..... Petitioner
Through: Mr Sanat Kumar, Senior Advocate
with Mr Virendra Rawat and Mr
Kamal Kapoor, Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr Vikas Singh, Senior Advocate
with Mr T. Singhdev, Advocate for
MCI.
Mr Zorawar Singh, Advocate for R-
3/Punjab Medical Council.
WITH
+ W.P.(C) 7174/2018 and CM APPL. 27354/2018
DR ANKIT MIDDHA & ORS ..... Petitioners
Through: Mr Sanat Kumar, Senior Advocate
with Mr Virendra Rawat and Mr
Kamal Kapoor, Advocates.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr Vikas Singh, Senior Advocate
with Mr T. Singhdev, Advocate for
MCI.
Mr Nikhil Goel, Advocate for UOI.
Mr Zorawar Singh, Advocate for R-
3/Punjab Medical Council.
AND
+ W.P.(C) 7197/2018 and CM APPL. 27418/2018
DR. KUSHAGRA GUPTA ..... Petitioner
Through: Mr Sanat Kumar, Senior Advocate
with Mr Virendra Rawat and Mr
Kamal Kapoor, Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr Vikas Singh, Senior Advocate
with Mr T. Singhdev, Advocate for
MCI.
Mr Vinod Diwakar, CGSC with Mr S.
Pahari, Advocate for UOI.
Mr Zorawar Singh, Advocate for R-
3/Punjab Medical Council.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 25.01.2019
1. The controversy involved in these petitions is whether certain post- graduate medical qualifications as awarded by University of Buckingham (hereafter 'UoB'), is recognised for enrolment as medical practitioners in the concerned specialities in United Kingdom.
2. It is the petitioner's case that the post graduate medical qualification as awarded by UoB is duly recognised in United Kingdom as a post graduate qualification. However, if the medical practitioner has not completed his graduation in that country or cleared PLAB or undergone a sponsorship programme, he/she is ineligible to practice in that country.
3. The notification dated 07.03.2008, issued by the Ministry of Health and Family Welfare recognises all post graduate medical qualifications awarded in United Kingdom provided the same are recognised for enrolment as a medical practitioners in the concerned specialities in that country.
4. This Court is, prima facie, of the view that whether the qualification in question complies with the said condition has to be viewed in the context whether that qualification is recognised as a post graduate qualification entitling the qualified practitioners to practice as such; that is, practice as a specialist in that field.
5. Clearly, the notification would be of little assistance to the petitioners if the additional post graduate medical qualification does not entitle them to practice as a specialist in UK assuming that their graduate course is recognised in UK (either through a sponsorship or PLAB). Conversely, the additional qualifications awarded by UoB would be recognised if they are recognised as specialisations in UK enabling the medical practitioners to practice in the concerned specialities in that country.
6. Admittedly, the persons completing MBBS in this country are not entitled to practice in the UK (United Kingdom) and, therefore, irrespective of the additional qualifications that they may acquire in that country, they would not be entitled to be enrolled as medical practitioners in the concerned specialities. It would, thus, be necessary for MCI to ascertain whether the post graduate medical qualification(s) in question are per se recognised as specialisation(s) for persons who are otherwise entitled to practice as medical practitioners.
7. The learned counsel appearing for the respondents seeks time to take instructions whether any such further clarification can be obtained with regard to the post graduate qualifications in question.
8. List on 12.03.2019.
VIBHU BAKHRU, J JANUARY 25, 2019 RK