Delhi High Court - Orders
Dr Gurwinder Singh & Anr vs National Medical Commission & Ors on 4 May, 2023
Author: Najmi Waziri
Bench: Najmi Waziri, Sudhir Kumar Jain
$~1 to 4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 612/2019
DR GURWINDER SINGH & ANR ..... Appellants
Through: Mr. Virendra Rawat and
Ms. Harishika Verma, Advocates.
versus
NATIONAL MEDICAL COMMISSION & ORS ..... Respondents
Through: Mr. T. Singhdev, Mr. Tanishq
Srivastava, Ms. Anum Hussain and
Mr. Aabhaas Sukhramani, Advocates
for R-1.
Mr. Balendu Shekhar, CGSC with
Mr. Krishna Chetanya, Advocate for
UOI.
2
+ LPA 614/2019
DR MAYANK SHARMA ..... Appellant
Through: Mr. Virendra Rawat and
Ms. Harishika Verma, Advocates.
versus
NATIONAL MEDICAL COMMISSION & ORS ..... Respondents
Through: Mr. T. Singhdev, Mr. Tanishq
Srivastava, Ms. Anum Hussain and
Mr. Aabhaas Sukhramani, Advocates
for R-1.
Mr. Balendu Shekhar, CGSC with
Mr. Krishna Chetanya, Advocate for
UOI.
3
+ LPA 643/2019 & CM APPL. 43947/2019 (stay)
DR ALBEE GUPTA ..... Appellant
Through: Mr. Virendra Rawat and
Ms. Harishika Verma, Advocates.
versus
NATIONAL MEDICAL COMMISSION & ORS ..... Respondents
Signature Not Verified
Digitally Signed
By:JITENDRA LPA 612/2019 & connected matters Page 1 of 7
Signing Date:11.05.2023
16:09:07
Through: Mr. T. Singhdev, Mr. Tanishq
Srivastava, Ms. Anum Hussain and
Mr. Aabhaas Sukhramani, Advocates
for R-1.
Mr. Balendu Shekhar, CGSC with
Mr. Krishna Chetanya, Advocate for
UOI.
4
+ LPA 716/2019, CM APPLs. 49067-68/2019, 49070/2019 &
13892/2021
DR HARNOOR SINGH PRUTHI ..... Appellant
Through: Mr. Inderbir Singh Alag, Senior
Advocate with Mr. Virendra Rawat
and Mr. Kamal Kapoor, Advocates.
versus
NATIONAL MEDICAL COMMISSION & ORS ..... Respondents
Through: Mr. T. Singhdev, Mr. Tanishq
Srivastava, Ms. Anum Hussain and
Mr. Aabhaas Sukhramani, Advocates
for R-1.
Mr. Balendu Shekhar, CGSC with
Mr. Krishna Chetanya, Advocate for
UOI.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 04.05.2023 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. Mr. Inderbir Singh Alag, the learned Senior Advocate for the appellants submits that the denial of recognitions by the Medical Council of India (MCI) of the appellants' medical qualification of MD (General Internal Medicine) is arbitrary because a doctor equally placed, has been granted such recognition i.e. having the same qualification from the same Signature Not Verified Digitally Signed By:JITENDRA LPA 612/2019 & connected matters Page 2 of 7 Signing Date:11.05.2023 16:09:07 University, namely, University of Buckingham, U.K. The latter is practicing as a DM for the past many years. He refers to the counter affidavit filed by the MCI, which reads inter alia as under:
65. It is submitted that the following 11 candidates had been granted additional qualification registration under Section 26(1) by the then Board o f Governors as appointed by the Central Government:-
SI. No. Name of Doctors Regn. No. & Date
1. Dr. Vivek Chandra 11372 dt. 22.02.2012
2. Dr. Harmandeep Singh 11834 dt. 03.05.2012
3. Dr. Ankit Sachdeva 13251 dt. 06.02.2013
4. Dr. Mainsh Chandra 13588 dt. 20.05.2013
Singh
5. Dr. Gurbir Singh Gill 13780 dt. 27.05.2013
6. Dr. Saleem Bashir Mir 13783 dt. 28.06.2013
7. Dr. Shakeela Shaheen 13782 dt. 28.06.2013
8. Dr. Mohammed Afsal 14109 dt. 31.07.2013
9. Dr. Harkanwar Deep 14261 dt. 22.08.2013
Singh Ahuja
10. Dr. Santhosh Alexander 14588 dt. 22.10.2013
11. Dr. Santosh Kumar 14739 dt. 22.11.2013
Chitimilla
Signature Not Verified
Digitally Signed
By:JITENDRA LPA 612/2019 & connected matters Page 3 of 7
Signing Date:11.05.2023
16:09:07
2. The order dated 24.05.2018 passed by High Court of Punjab and Haryana in CWP-12068/2018 (O&M) titled as Dr. Gurbir Singh Gill vs. Union of India and ors. has recorded as under:-
"Petitioner has impugned order dated 02.05.2018, Annexure P-22, whereby registration of the petitioner with regard to additional qualification of MD acquired by him from university of Buckingham (U.K.), has been cancelled.
Learned counsel for respondent No.3, at the outset, submits that the Council is considering withdrawal of said order. If any, fresh order is to be passed, opportunity of hearing shall be afforded to the petitioner.
In view of the above, present petition has been rendered infructuous and is dismissed as such."
3. The appellants contend that Dr. Gurbir Singh Gill's post graduate medical qualification continues to be recognised and he is practicing as a senior medic in Punjab, therefore, the denial of the appellants to even apply for such registration of their identical post graduate medical qualification from the same college, three years later, is unfair and arbitrary.
4. The learned counsel for the MCI submits that only the registration of the post graduate medical qualification of Dr. Gurbir Singh Gill was cancelled on 22.06.2017, he continues to be registered as a MBBS Doctor and possibly has some super speciality qualification. He refers to a communication in this regard to Dr. Gurbir Singh Gill dated 22.06.2017, which is reproduced as under:
Signature Not Verified Digitally Signed By:JITENDRA LPA 612/2019 & connected matters Page 4 of 7 Signing Date:11.05.2023 16:09:07 Signature Not Verified Digitally Signed By:JITENDRA LPA 612/2019 & connected matters Page 5 of 7Signing Date:11.05.2023 16:09:07
5. A similar communication dated 28.06.2017 was sent by MCI to the Punjab Medical Council (PMC) to the effect that all such persons holding similar qualifications are not entitled for registration of the same.
6. The appellants' case is identical to a doctor who continues to practice on the basis of the post graduate medical qualification, a specific response in this regard, from MCI as well as from PMC would be necessary.
7. Let a reply be filed apropos the above within two weeks from today.
8. The learned Senior Advocate for the appellants submits that inadvertently, the PMC was omitted from the array of parties. He seeks time to correct the same. Let it be so done on or before the next date of hearing. The learned counsel for PMC has been appearing consistently.
No order has been passed for deletion of the said respondent/PMC. An Amended Memo of Parties was filed along with application CM no.13115/2021, in which PMC stands omitted from the array of parties.
9. The learned counsel for the appellant submits that, he has inadvertently not filed an application for amending the memo of parties in LPA 643/2019. He requests that the name of Medical Council of India i.e. the respondent no. 1 be changed to National Medical Commission correspondingly as has been prayed and ordered in other connected LPAs listed today. Let it be so done. Amended Memo of Parties to that effect, be filed in LPA 643/2019, within two weeks from today.
10.The Registry is directed to depict the correct cause title in these appeals as has been depicted in today's order.
11.Copy of this order will also be communicated to the learned counsel for the Punjab Medical Council.
Signature Not Verified Digitally Signed By:JITENDRA LPA 612/2019 & connected matters Page 6 of 7 Signing Date:11.05.2023 16:09:0712.Re-notify on 25.05.2023.
NAJMI WAZIRI, J SUDHIR KUMAR JAIN, J MAY 4, 2023/N/SW Signature Not Verified Digitally Signed By:JITENDRA LPA 612/2019 & connected matters Page 7 of 7 Signing Date:11.05.2023 16:09:07