SARWANKUMAR MANDHWANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Heard forthwith. These petitions are being disposed of by common order as the facts are similar and they involve the same question of law. All the petitioners have passed M. B. B. S. Degree from universities in Pakistan. They approached this court placing reliance on a Notification dated 14th February, 1992. By that Notification in exercise of the powers under sub-section (3) of Section 12 of the Indian Medical Council act, 1956 the Central Government after consultation with the Medical Council of India amended the Second Schedule and included the following Universities from Pakistan with the degree as notified in the Second Schedule. The universities were :- university of Sind M. B. B. S. Bachelor of medicine and Bachelor of Surgery U. Karachi. University of Sind M. B. B. S. Bachelor of medicine and Bachelor of Surgery U. Sind.- university of Punjab M. B. B. S. Bachelor of Medicine and Bachelor of Surgery U. Punjab.

(2.) On behalf of the respondents various replies were filed. After hearing the petitioners and respondents for sometime, prima facie we were of the view that as the degree obtained by the petitioners fell within the Second Schedule by virtue of Section 12, they would be entitled to be registered either with the Medical Council of India or ti ; State medical Council. In view of that, respo; 'lilts were called upon to file their reply to the notification.

(3.) At the last hearing on behalf of the Union of India, learned Additional Solicitor general has produced before us a subsequent notification dated 17th November, 1999 by which the three entries which were included in schedule II of Notification dated 14th February, 1992 have been deleted from the Second schedule. In other words those entries no longer form part of the Second Schedule from 17th November, 1999.