LAWS(RAJ)-1999-8-55

GOPAL SHARMA Vs. UNION OF INDIA

Decided On August 04, 1999
GOPAL SHARMA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) ALL these petitions are disposed of by this common or- der on the ground of territorial jurisdiction only.

(2.) ALL the petitioners applied before the Medical Council of India to grant registration under Sec. 13 (3) of the Indian Medical Council Act, 1956 (for short the `act' ). Their applications have been turned down by the Medical Council of India itself in view of the decision taken by the executive committee of the Council in its meeting held on 17. 7. 1997, which was subsequently approved by the General Body of the Council in its meeting on 23. 10. 1997.

(3.) THIS Court cannot assume jurisdiction under Article 226 of the Constitution of India in the present cases merely because the petitioners are residents of this State. I am fortified in my view by the judgment of Supreme court in Utpal Kumar's case (supra ). The Hon'ble Supreme Court clearly observed in para no. 12 of the judgment that:- "it is indeed a great pity that one of the premier High Courts of the Country should appear to have developed a tendency to assume juris- diction on the sole ground that the petitioner before it resides in or carries on business from a registered office in the State of West Bengal. "