MOHAMMAD SHAFI WANI Vs. NATIONAL MEDICAL COMMISSION

JUDGEMENT

(1.) In the instant petition filed under Article 226 of the Constitution, the petitioner has prayed for the following reliefs: -

(2.) Facts as pleaded by the petitioner in the instant petition on the basis of which the aforesaid reliefs are being prayed, are that upon passing of Class 12th examination by the petitioner from the Jammu and Kashmir State Board of School Education (for short the Board) respondent 2 herein, the petitioner pursued MBBS course in Ukraine and passed the same in the Month of June 2000 from the State Medical University of Lugansk, Ukraine and thereafter came to be granted provisional registration vide certificate No. 15741 by the Medical Counsel of India (for short the MCI) under the provisions of Medical Council Act, 1956 (for short the Act of 1956), whereafter the petitioner completed his rotatory internship programme at Government Medical College Srinagar and subsequently after completion of the said internship applied to the MCI for grant of permanent registration under the Act of 1956, complete in all respects annexing all certificate/documents thereof, however, the petitioner did not receive any intimation pertaining to the grant of said permanent registration from the MCI for quite some time compelling him to visit the office of MCI wherein the then Deputy Director asked the petitioner to meet a clerk namely Ashwani Kumar who demanded the petitioner Rs.50,000.00 as bribe for processing his case and being aggrieved of non-consideration of his case for grant of aforesaid permanent registration, the petitioner filed OWP No. 815/2009 before this Court wherein the reply filed thereto, the MCI stated that the petitioner had submitted 10+2 pass certificate issued by the Bihar Intermediate Education Council, Patna which was found to be fake resulting into cancellation of his provisional registration certificate besides registration of a case/FIR. The said petition remained pending before this Court and in the meantime, the petitioner became ineligible to seek employment anywhere in the Country or outside the Country on account of non grant of permanent registration to him by the MCI though the said petition came to be disposed of by this court on 24/10/2019 with a direction to the petitioner to make a representation before the respondents for seeking redressal of his grievance whereafter the petitioner filed review petition bearing RP No. 94/2021 before this Court on the ground that erstwhile MCI stands replaced by the National Medical Commission (for short the NMC) and accordingly, sought a direction in the name of NMC instead of MCI whereupon this Court allowed the review petition on 28/9/2021 with liberty to the petitioner to represent before the NMC, whereafter the petitioner submitted a representation before the NMC through post on 7/10/2022 followed by service of a legal notice dtd. 16/2/2023 through post as well, whereafter the NMC in terms of order dtd. 4/1/2022 followed by communication dtd. 7/5/2022 (hereinafter for short the order/communication) rejected the request of the petitioner for grant of permanent registration inasmuch as cancelled and withdraw the provisional registration of the petitioner.

(3.) The petitioner has maintained the instant petition on the grounds that impugned order/communication have civil and penal consequences upon the life and career of the petitioner as the same had been issued by exercise of arbitrary, power, without application of mind and without notice and an opportunity of hearing to the petitioner.