LAWS(KAR)-2019-9-74

REKHA ARUN WALWEKAR Vs. MEDICAL COUNCIL OF INDIA

Decided On September 11, 2019
Rekha Arun Walwekar Appellant
V/S
MEDICAL COUNCIL OF INDIA Respondents

JUDGEMENT

(1.) In response to the order dated 04.06.2019 an affidavit is filed by one Dr.Ramalingappa Chanabasappa Antaratani who is working as Director (In-charge), Karnataka Institute of Medical Sciences, Hubballi which is respondent Nos.5 and 6 herein. The particulars furnished by him in the affidavit is totally irrelevant to the dispute which is required to be solved in this petition.

(2.) When the contents of the affidavit with reference to order dated 04.06.2019 is seen, filing of the affidavit appears to be a formality and it does not make any sense as to why the petitioner-Rekha w/o Arun Walwekar a qualified pharmacologist who has secured M.D. in Pharmacology in the year 2014 is not issued with certificate of recognition pursuant to completion of P.G. Course in M.D. Pharmacology. When the pleadings and prayer of the petitioner is looked into, it is seen that she was admitted to M.D. in Pharmacology on 29.06.2014 in respondent Nos.5 and 6 institution. Her admission was approved in the third round of P.G Entrance Test conducted by the Karnataka Examination Authority and the same was against recognized vacant seat.

(3.) Though petitioner was admitted to the said course on 29.06.2014, the course was commenced on 30.06.2014. Subsequent to the commencement of the course, respondent No.7 took admission to P.G. Course in Pharmacology in the said institution on 07.07.2014 which admittedly is to the second seat which was yet to be recognized by Medical Council of India (for short 'MCI'), as stated by the Director (In-charge) of respondent Nos.5 and 6 who is present before this Court. Thereby indicating that the admission of the petitioner herein is against the recognized seat and whereas the admission of respondent No.7 is against the seat due to be recognized by the MCI. It is further seen that both petitioner and respondent No.7 completed their P.G. Course on 09.07.2017 and thereafter both of them have filed application seeking issuance of certificate of recognition.