MEDICAL COUNCIL OF INDIA Vs. VANDANA BHATNAGAR

JUDGEMENT

(1.) THESE two intra-Court appeals by the Medical Council of India (MCI, for short) are directed against the common order dated 10th December, 2010 allowing Writ Petition (Civil) No. 11797/2009 filed by Dr. Vandana Bhatnagar and Writ Petition (Civil) No. 12790/2009 filed by Dr. Dimpy Chaudhary and three other doctors. The other respondents to these intra-Court appeals are the University of Delhi, Faculty of Medical Sciences and St. Stephen's Hospital. The facts stated below would exposit that there is an inter se dispute between MCI and the University of Delhi and the respondent doctors were compelled to file the writ petitions to get justice.

(2.) THE respondent doctors are MBBS. THEy appeared for Delhi Post Graduate Entrance Examination conducted by the University of Delhi and in view of the ranking secured were called for counselling and were allotted/admitted to Diploma in Gynecology and Obstetrics (DGO, for short) in St. Stephen's Hospital, Delhi. Dr. Vandana Bhatnager was allotted the said course in 1998, whereas Dr. Dimple Choudhary and Dr. Dipti Dugra were allotted the said course in the year 2007. Dr. Anjali Jain had cleared/completed the course in 2008. Dr. Deepanvita Halder was pursuing the course after selection when the writ petition was filed.

(3.) IT may be noted here that Section 10-A, 10-B and 10-C were inserted and became part of the statute pursuant to the amendment made by Act of 31 of 1993 with effect from 27th August, 1992. After enactment of Sections 10-A, 10-B and 10-C in the Act, the MCI has formulated Post Graduate Medical Education Regulations, 2000 with retrospective effect from 27th August, 1992.