ANKIT CHATURVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Shri Abhishek Mishra, learned counsel appearing for the petitioner -appellant. The office of Assistant Solicitor General of India has accepted notice on behalf of Union of India -respondent no.1. Shri Avanish Mishra appears for Medical Council of India, New Delhi -respondent no.2, and Assistant Secretary (Eligibility), Medical Council of India, New Delhi -respondent no.3.

(2.) THIS Special Appeal is directed against the judgement dated 3.12.2013 passed by learned Single Judge by which he dismissed the writ petition for quashing the order dated 2.12.2009 passed by Medical Council of India rejecting appellant's application dated 16.9.2009 for issuance of eligibility certificate under Section 13 (4B) of Indian Medical Council Act, 1956 (in short the Act) for the academic year 2004 -05.

(3.) SECTION 13 (4A) of the Act provides that a person who is a citizen of India and obtains medical qualification granted by any medical institution in any country outside India recognised for enrolment as medical practitioner in that country after such date as may be specified by the Central Government, shall not be entitled to be enrolled on any Medical Register maintained by a State Medical Council or to have his name entered in the Indian Medical Register unless he qualifies the screening test in India prescribed for such purpose and such foreign medical qualification after such person qualifies the said screening test shall be deemed to be the recognised medical qualification for the purpose of this Act for that person. Section 13 (4B) of the Act provides that a person who is a citizen of India shall not, after such date as may be specified by the Central Government under sub -section (3), be eligible to get admission to obtain medical qualification granted by any medical institution in any foreign country without obtaining an eligibility certificate issued to him by the Council and in case any such person obtains such qualification without obtaining such eligibility certificate, he shall not be eligible to appear in the screening test referred to in sub -section (4A).