KISHORE JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In the present writ petition, the petitioner has sought for a prayer of his registration with respondent no.3, in terms of the provisions contained in Uttaranchal Medical Council Act, 2002. The condition of registration with respondent no.3 is contained under Chapter 3 of the said Act of 2002, which stipulates the conditions which a candidate is required to be holding to be registered having an eligible qualification and other conditions as recognized by the Uttaranchal Medical Council Act, 2002, before he could be registered with it.

(2.) Admittedly, in the case at hand, the petitioner after acquiring the necessary required qualification, he had initially got himself registered with the Delhi Medical Council, but later on, as per the argument as extended by the learned counsel for the petitioner, as well as, by the learned counsel for the respondent, the registration as granted by the Delhi Medical Council, to the petitioner was not renewed within the stipulated time frame as provided therein under the terms of registration, and thus the registration granted to the petitioner by Delhi Medical Council stood expired.

(3.) On submission of the said application, respondent no.3 after scrutinizing the application of the petitioner and finding that prior to the submission of the application, submitted before respondent no.3 by the petitioner, for registration, since the petitioner stood earlier registered with the Delhi Medical Council, he was asked for to submit his "No Objection Certificate" from the said council, but in a peculiar circumstances which has emerged in the instant case is that, when the registration of the petitioner stood expired with the efflux of time in 2011, with the Medical Council at Delhi, and as a consequence thereto, his name was removed from the registered of medical practitioners. Hence, in such an eventuality, the condition for registration as imposed by respondent no.3 for submission of "No Objection Certificate" from the earlier Council with which the petitioner was registered could not be fulfilled by the petitioner because for grant of "No Objection Certificate" from the Medical Council of Delhi, a candidate has had to be an existing registered practitioner with the earlier Council. According to the petitioner, if the period or term of registration has expired he could not be treated registered with the council and no, "No Objection Certificate" was being issued.