MANGAL KRISHNA vs NATIONAL MEDICAL COMMISSION & ANR.
$~267
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11921/2023, C.M. APPL.46608/2023
MANGAL KRISHNA …. Petitioner
Through: Mr. A. Selvin Raja, Advocate.
versus
NATIONAL MEDICAL COMMISSION
& ANR.
…. Respondents
Through: Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr. Tanishq Srivastava and Mr. Anum Hussain, Advocates for R-1/ NMC.
Mr. S. Rajappa, Advocate and Mr. R. Gowrishankar, Advocate for R-2.
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 15.01.2024
1. The petitioners application dated 21 August 2017 for grant of eligibility certificate to appear in the FMGE (Foreign Medical Graduates Examination) was rejected vide communication dated 19 November 2018, though Mr. A. Selvin Raja, learned counsel for the petitioner submits that the said communication was not received by him. Be that as it may, the ground on which the petitioners application was rejected was that the course of education followed by him for his 10+2 Higher Secondary Examination was not in conformity with the requirements existing at that point of time for grant of eligibility certificate to appear in the FMGE which required two years study comprising Physics, Chemistry, Mathematics, Biology and English at the core level.
2. Mr. Singhdev, learned counsel appearing on behalf of the National Medical Commission, submits that there has been a revisitation of this requirement vide Public Notice dated 22 November 2023. Certain relaxations which have been introduced by the said Public Notice, which enure in the petitioners favour insofar as his entitlement is concerned. He, however, submits that the petitioner would have to apply afresh as the earlier application has been formally rejected.
3. Mr. A. Selvin Raja, learned counsel for the petitioner is agreeable to this proposal, and for a disposal of this petition with liberty to the petitioner to apply afresh, so that his application could be considered as per the revised guidelines contained in the Public Notice dated 22 November 2023. He submits that his client would move fresh application as soon as the NMC portal is activated. Mr. Singhdev assures that the petitioners fresh application would be processed as expeditiously as possible.
4. In view of the aforesaid, the petition is disposed of accordingly.
5. This order is passed without prejudice to the rights and contentions of the parties, regarding the comparative merit of which this Court has expressed no opinion.
C.HARI SHANKAR, J
JANUARY 15, 2024/kct
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W.P.(C) 11921/2023 Page 1 of 18