SHAKIR MOHIUDDIN BHAT vs NATIONAL MEDICAL COMMISSION OF INDIA
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13764/2023
SHAKIR MOHIUDDIN BHAT …. Petitioner
Through: Mr. Mohd. Irshad, Adv.
versus
NATIONAL MEDICAL COMMISSION OF INDIA
….. Respondent
Through: Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr. Tanishq Srivastava and Mr. Anum Hussain, Advocates for R-1
Mr. S. Rajappa, and Mr. R. Gourishankar, Advs. for R-2.
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (O R A L)
% 01.02.2024
1. The petitioners applications dated 24 September 2021 and 8 July 2022 for grant of eligibility certificate to appear in the FMGE examination were rejected vide communications dated 10 August 2023 and 11 September 2023, though Mr. Mohd. Irshad, learned counsel for the petitioner submits that the said communications were not received by him. Be that as it may, the ground on which the petitioners applications were 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 FMGE examination which required two years study comprising physics, chemistry, mathematics and English at core level.
2. Mr. Singhdev, learned counsel appearing on behalf of National Medical Council, submits that there has been a revisitation of this requirement vide Public Notice dated 22 November 2023. Certain relaxations have been introduced by the said Public Notice, which enure in the petitioners favour in so far 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. Mohd. Irshad, 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 client could be considered as per the revised guidelines contained in the Public Notice dated 22 November 2023. He submits that his client would move a 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, and following the order dated 15 January 2024 passed in WP (C) 11921/2023, involving an identical controversy, the petition is disposed of in the above terms.
5. This order is passed without prejudice to the rights and contentions of the parties, regarding the comparative merits of which this Court has expressed no opinion.
C.HARI SHANKAR, J
FEBRUARY 1, 2024/dsn
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