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3. Mr. Singhdev, learned counsel appearing on behalf of respondent No. 2, on the other hand, submitted that the petitioner should at the outset be relegated to the alternative remedy of preferring an appeal as contemplated under Section 28(5) of the National Medical Commission Act, 2019.
4. The issue of the petitioner being relegated to pursue a statutory alternative remedy would essentially arise firstly in a situation where the respondents are able to satisfy the Court at the preliminary stage that the impugned decision would be sustainable on jurisdictional grounds and in the sense of not being ex facie in violation of the statutory position that would apply and govern. The Court also bears in mind the undisputed fact that the counselling process has already commenced.
6. Mr. Singhdev prays for time to complete instructions and address further submissions on the aforesaid issues as delineated.
7. List before the roster Bench on 24.01.2022.
YASHWANT VARMA, J JANUARY 18, 2022 SU