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Showing contexts for: singhdev in Dirtesh Yadav vs Medical Council Of India & Anr . on 22 January, 2020Matching Fragments
1. This is an application seeking impleadment of National Board of Examination (NBE).
2. Mr. T. Singhdev, who appears on advance notice on behalf of respondent no.1/MCI, says that, at this stage, there is no necessity to implead NBE as not only a co-ordinate Bench but also the Division Bench of this court have passed orders which enure to the benefit of the petitioner.
3. Therefore, Mr. Singhdev suggests that this application can be disposed of and the main matter can be taken up for hearing.
4. To be noted, the writ petition is listed on 15.04.2020.
5. Mr. Vivek Sharma, who appears on behalf of the petitioner, is agreeable to the suggestion made by Mr. Singhdev.
6. Accordingly, the captioned application is not pressed by learned counsel for the petitioner.
7. The application is, accordingly, disposed of. W.P.(C) 11828/2019
8. The petition is taken up for hearing with the consent of learned counsel for the parties.
9. I may only indicate that the National Institute of Open Schooling (NIOS) is arrayed as respondent no.2 herein.
10. According to learned counsel for the petitioner, since the contesting respondent is respondent no.1/MCI, this court can proceed with the matter without respondent no.2 being before the court.
11. Mr. Singhdev has brought to my notice the judgments based on which he contends the writ petition can be disposed of. The first in line is a Division Bench judgment of this court in the case of Anshul Aggarwal v. Union of India & Ors., 2018 SCC OnLine Del 8965; the second is the judgment dated 31.10.2019 passed by this court in W.P.(C)No.3583/2018, titled : Patnam Azeez v. Medical Council of India & Anr. and; the third is the judgment of the co-ordinate Bench dated 17.01.2020 passed in W.P.(C)No.643/2020, titled : Mansur Badagi Through: His Father/Pairokar v. Board of Governors in Supersession of Medical Council of India.
In view of above, you are not eligible for issue of eligibility certificate. Therefore, your request for eligibility certificate is regretted."
15. As would be seen from the extract above, apart from quoting a Regulation 4(2)(a) & (b) of the Graduate Medical Education Regulation, 1997, no discernible reason is given as to why the request for issuance of eligibility certificate was rejected.
16. Mr. Singhdev says that the reason as to why the request for issuance of eligibility certificate was rejected was on account of the fact that the petitioner had cleared his Grade-XII exam from NIOS.