RENU Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under sections 11 and 12 of the Contempt of Courts Act, 1971, the petitioner has been alleging wilful disobedience of the order dt. 6-8-1997 passed in Civil Writ Petition No. 1146/96.

(2.) It has been the say of the petitioner that in Civil Writ Petition No. 1146/96, relief was sought in the matter of internship in Indian hospitals, functioning under the command and control of the respondents; that the petitioner was sent through the Medical Council of India (for short MCI), approved agency, to Russia for medical studies; that the MCI was not willing to accept such students for internship in Indian hospitals though the medical studies institutions in Russia were approved by the MCI; that on 6-8-1996, Civil Writ Petition No. 1146/96 came to be disposed of on the undertaking given by respondent No. 2 for affording permission of internship in Indian hospitals; that as a result of the order dt. 6-8-1996, the petitioner was allowed to do internship in Ram Manohar Lohia Hospital and there she did this internship for about seven months and thereafter she was granted leave by the hospital authorities up to 31-7-1997 and to proceed to Russia to obtain a degree in MBBS (Master in Medicine) and when she returned, she was asked to obtain a fresh permission to do internship for the remaining period of internship from respondent No. 2; that the permission was applied for on 17-7-1997 but the same has not been granted despite the written request; that respondent No. 2, on these facts, is alleged to have committed Contempt of the Court as the order dt. 6-8-1996 is wilfully disobeyed and thereby flouted the undertaking given on 6-8-1996 to the court.

(3.) The say of respondent No. 2, in reply, is that in Civil Writ Petition No. 1146/96, the petitioner had prayed that she be allowed to do internship in India after 5th year course; that in the writ petition, it was nowhere stated that she had been admitted in the year 1991 for the course of medicine in the Kabardino-Balkarian State University which is not recognised by the MCI; that the petitioner had completed her medicine course in 1997 from Moscow Medical Stomatological Institute (for short MMSI) in June 1997; that earlier the Council had copies of two Certificates, both dt. 25-6-1996 in favour of the petitioner issued by MMSI; that it is only now that when the petitioner has furnished the Certificate dt. 20-6-1997 that the Council has come to know that she had taken the admission in the medical course in a university not recognised by the MCI; that when the order dt. 6-8-1996 was passed by this Court in Civil Writ Petition No. 1146/96, the Council was not aware of the above-mentioned fact; that pursuant to the said order, it is the admitted position that the petitioner was allowed to do internship in Ram Manohar Lohia Hospital from where she took the leave and proceeded to Russia to obtain her degree in medicine; that it is only when she submitted the copy of the degree dt. 20-6-1997 to the Council that this relevant fact that she had not taken admission in a recognised university came to light; that the petitioner has herself admitted that she had started her internship in Ram Manohar Lohia Hospital when she left on her own and went to Russia.