AJIT KUMAR Vs. UNION OF INDIA AND ANR

JUDGEMENT

(1.) This appeal is directed against an order of the learned Single Judge rejecting a writ petition preferred under Article 226 of the Constitution of India. The writ petitioner (i.e. the present appellant) sought a direction for quashing of a decision of the Medical Council of India (MCI) and the quashing of a First Information Report (FIR).

(2.) The facts, briefly, are that the petitioner claims to have studied in the Tver State Medical Academy for the period 1993-99 and based upon a certificate issued by that institution (on 24.06.1999), approached the MCI, having regard to the extant Regulations, for registration in accordance with its then existing policy. The MCI, considered the material on record, including an application (of 24.06.1999) which claimed that the appellant had studied from Tver State Medical Academy. The appellant had also applied again on 07.09.2001 reiterating that he had undergone the medical course in the Tver State Medical Academy. As was necessary, the MCI sought verification through the Indian Embassy, to which the response was received from the Tver State Medical Academy at Page 21 (on 27.11.2006) that only one student i.e. Ajit Kumar had passed out of the Academy in 1999 (whose Registration number was 353 and the Diploma number issued to him was 0004065). The MCI issued notice to show cause why the registration ought not to be withdrawn, to which the appellant responded stating that he was badly harassed by the education mafia and faculty members, and that finally the Director of the Academy lured him to appear for the final exams. The reply of 28.09.2007 nowhere claimed that the appellant had ever studied or undergone any other medical course in any other institution. Based upon the reply which was deemed unsatisfactory, the MCI cancelled the provisional registration and thereafter lodged a First Information Report (FIR), on 19.12008. The investigation culminated in a final report and a charge sheet was filed before the Competent Court; cognizance was taken on 13.11.2014.

(3.) It is urged that the Single Judge fell into error in not noticing that the appellant was a victim of the education mafia at Russia. Learned counsel appearing on behalf of the appellant stressed that, in fact, the application made with respect to completion of the Medical course at Tver State Medical Academy was wrong and the reference ought to have been to Moscow State University. It was submitted that to cater to the needs of students who went to the erstwhile USSR at a troubled time and underwent various medical courses at different institutions, in the Supreme Court judgment reported as Medical Council of India v. Indian Doctors from Russia Welfare Asso. & Ors, (2002) 3 SCC 696, the provision for registration, subject to verification, was made. The petitioner had undergone the necessary course, as is evident from the course content in the form of the subjects he studied and the list of books and curriculum prescribed.