AMITA GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This intra-court appeal filed under Sec. 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 assails the order of Single Bench dtd. 29/4/2019 (Annexure-A/1) passed in W.P. No.29018/2018 as well as order dtd. 9/8/2021 (Annexure-P/2) passed by in R.P. No.945/2019.

(2.) The admitted facts between the parties are that the appellant completed her M.B.B.S. Course from Government Gandhi Medical College, Bhopal and said qualification was duly registered with the Medical Council of India (MCI) on 13/8/2012. The appellant got admission in MD (Bio-chemistry) in MGM Medical College, Indore, which is a Government institution on 5/8/2014. Indisputably, MGM Medical College is a MCI recognized medical college. The appellant completed her MD (Bio-chemistry) Course on 31/8/2017. Pursuant to an advertisement issued by the respondents inviting candidature for the post of Assistant Professor on 13/4/2018, the appellant submitted her candidature. The appellant was duly selected and was found to be meritorious. Despite selection, the appellant was not served with any appointment order. Aggrieved with the said inaction of the respondents, W.P. No.29018/2018 was filed seeking writ of mandamus for issuance of appointment order. The said writ petition came to be dismissed on 29/4/2019.

(3.) Shri L.C. Patne, learned counsel for the appellant submits that respondents admitted that appellant is eligible, meritorious and selected for the post in question, but could not be appointed for want of 'additional registration' by MCI. The Writ Court by assigning reason in para - 13 and 14 of the order impugned opined that appellant could not furnish the 'additional registration' and respondent No.2 did not commit any illegality in demanding the additional registration of MD. R.P. No.945/2019 was filed on the strength of the document dtd. 29/4/2019 and documents dtd. 1/4/2019 ad 2/7/2019 (page-149 and 150). On the strength of these documents, the appellant sought review by contending that a cumulative reading of these documents shows that Letter of Permission was received by the Government MGM College way back on 31/3/2013. Apart from this, corrigendum dtd. 2/7/2019 makes it clear that first schedule of previous notification dtd. 1/4/2019 stood amended whereby qualification of MD acquired by appellant in the year 2017 is also duly recognized under Sec. 11 of the MCI Act.