Document Fragment View

Matching Fragments

25. The claim of the Union of India that the department of Health and Family Welfare has clarified on the issue by holding that no NORI certificate in principle is issued to any medical professional except those beyond the age of 65 years also does not come to the aid of the respondents. The justification projected by the Government of India, Health and Family Welfare for non-issuance of the NORI certificate in principle is in view of the acute shortage of doctors in the country and that more than 50,000 Indian doctors presently serving in USA and furthermore 30% and 25% respectively of the doctors serving in U.K. and Canada are of Indian origin. So therefore, the reasons for the refusal of the Government of India towards grants of NORI certificate except in cases of applicants who are above the age of 65 years on the date of submission of the application, is in view of the acute shortage of Doctors in India and to prevent "Brain Drain of doctors from India". However, in the facts of the present proceedings, such measures expressed by the Union of India are not at all germane to the apprehension expressed towards "Brain Drain" and/or acute shortage of Doctors. This is because of the expressed bar under the provisions of the erstwhile Indian Medical Council Act 1956 as well as National Medical Commission Act 2019 itself, inasmuch as, unless the medical qualifications are recognised by the Government of India and/or the concerned doctor is able to successfully clear the screening test or National Exit Test, the person cannot be Page No.# 17/19 allowed to be engaged legally in medical practice in any hospital/institution throughout the Union of India, unless so authorised by the Commission as provided for, under section 40 of the Act of 2019 by notifying such decision of the Government of India in the official Gazette.

26. As discussed above, unless such a notification is issued by the Commission and/or the Government of India permitting the recognition of medial qualification obtained from medical institution from any country outside the Union of India, in respect of such candidates/applicants like the petitioner, the policy/principle projected by the Government of India aiming to curb "Brain Drain" of qualified doctors, cannot be implemented in respect of such candidates like the petitioner. Consequently, unless the Commission/Government of India desires to offer any opportunity to permit medical professionals like the petitioner to effectively engage in medical practice legally within the Union of India, there can be no justification to refuse the issuance of NORI certificate applied for by the petitioner, on the grounds cited. The jurisdiction sought to brought in by way of affidavits filed by the Union of India explaining the reasons for rejection of the application for "NORI Certificate" cannot be accepted. This being a public order publicly made in exercise of statutory authority cannot be construed in the light of subsequent explanations/reasons in the shape of affidavit. The Apex Court in the "Gordhandas Bhanji" had held :-