ANKIT CHATURVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition lays challenge to an order dated 29th August, 2014 passed by the Medical Council of India (in short the Council) rejecting a representation made by the petitioner rejecting his request for grant of Eligibility Certificate and to consequently to appear in the Screening Test. The above representation itself came to be made by the petitioner pursuant to an order passed by a Division Bench of this Court on 27th March, 2014 on Special Appeal (Defective) No. 1288 of 2013, Ankit Chaturvedi Vs. Union of India and two Others.

(2.) This Court has heard Sri Abhishek Mishra in support of this writ petition and Sri Avaneesh Mishra for the Medical Council of India.

(3.) The essential facts necessary to be noticed for disposal of this writ petition are really not in dispute. From the records it transpires that when initially the prayer of the petitioner for issuance of an Eligibility Certificate had been rejected, he approached this Court by filing Writ Petition No. 5054 of 2012. This Court after noticing the various pleas raised on either side held that it was obligatory for the petitioner to have first obtained an Eligibility Certificate in terms of Section 13(4B) of the Act, 1956 and that the aforesaid condition was essentially to be completed before he was permitted to appear in the Screening Test contemplated under sub-section (4A) of Section 13 of the Act, 1956. This Court further took note of the decision of the Council taken on 27th September, 2009 which dealt with certain cases where Eligibility Certificates were erroneously issued by the Medical Council of India to candidates who had not completed 17 years of age at the time of admission to the M.B.B.S. Course and held that the same would not come to the aid of the Petitioner.