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2. Issue notice. Notice is accepted by Mr. Kirtiman Singh, Advocate on behalf of respondent No.1/NBE. Mr. Sushil Kumar Pandey, Senior Panel Counsel accepts notice on behalf of respondent No.2/Union of India (UOI) and Mr. T. Singhdev, Advocate, accepts notice on behalf of respondent No.3/National Medical Commission (NMC).

3. In view of the urgency of relief sought, the present petition has been taken up for final hearing with the consent of the parties. The counsels were heard at length on 9th June, 2021 and the matter was adjourned for today i.e., 11th June, 2021. On account of paucity of time and urgency of relief sought, instead of filing a counter affidavit, respondents were directed to place on record documents with regard to decision taken by the respondent No.1 to hold the FMGE- June, 2021 on the scheduled date, including the steps taken that demonstrate COVID preparedness. The petitioner Association had also sought to place on record the Memorandum of Articles of the petitioner Association along with the Board Resolution passed in favour of Dr. Ravi Bhushan Gupta to file the present petition. Pursuant to the said Order, relevant records have been filed on behalf of the petitioner Association and respondents No.1 and 3 along with the judgments relied upon.

10. On 11th June, 2021, respondent No.2/UOI conveyed its approval to hold the FMGE- June, 2021 on 18th June, 2021 with all precautionary measures and protocols for COVID-19, as mentioned above in the letter dated 3rd June, 2021.

11. Mr. T. Singhdev, Advocate appearing on behalf of the respondent No.3/NMC has placed on record the petition filed by the present petitioner Association along with two other associations under Article 32 of the Constitution of India on 12th May, 2021 before the Supreme Court, being W.P.(C) No.585/2021, in which respondent No.3/NMC was a party. In the said petition, it is mentioned that the petitioner Association comprises of foreign medical graduates who are awaiting the taking of qualifying exam i.e., FMGE to enrol themselves as medical professionals in India and foreign medical graduates who had taken the December, 2020 FMGE and failed to qualify the same. He draws attention of the Court to the prayers made before the Supreme Court. The relevant prayers (a), (d) and (h) are set out below:-

13. Mr. Singhdev submits that having not been successful in obtaining any interim relief from the Supreme Court, the present petition was filed by the petitioner Association on 6th June, 2021 and was listed before this Court for the first time on 9th June, 2021. Learned counsel for the respondent No.3 draws attention to paragraph 6 (a) on page 18 of the present petition wherein a reference was made to the petition filed by the petitioner Association before the Supreme Court, however, it was not stated that similar reliefs as sought in the present petition, were also sought before the Supreme Court. Reference is also made to paragraph 8 of this petition wherein it has been stated that no similar petition has been filed by the petitioner Association before any Court/quasi-judicial authority.