Union Of India vs Hadiya Chisti And Others
2021 Latest Caselaw 957 j&K/2

                                                                   Sr. No.35

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR

CJ Court

                             LPA No.104/2021
                             CM No.5576/2021
                             CM No.5577/2021

Union of India                                  ...Petitioner(s)/Appellants.
Through:    Mr. T. M. Shamsi, ASGI.
                                       Vs.
Hadiya Chisti and others.                                ....Respondent(s)
Through:
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                ORDER

24.08.2021

Heard Sh. T. M. Shamsi, learned ASGI, for the appellant. There is a delay of 620 days in filing this appeal. Issue notice to the respondents on the delay condonation application and list the matter on 20th October, 2021.

It is contended that the College from where the contesting respondent obtained her medical degree is situate in the PoK which is an integral part of India and, as such, said degree has to be recognized by the MCI and cannot be treated as a foreign degree.

Accordingly, the judgment and order of the writ court directing to consider the recognition of her qualification of MBBS and for registering her as a Medical Practitioner on the rolls of Indian Medical Register or the State Medical Register is erroneous. Even the order of the contempt court directing to accord such consideration afresh within a period of one week is illegal and without jurisdiction.

In view of the aforesaid peculiar facts and circumstances of the case in the interest of justice so as to avoid miscarriage of justice, we direct for deferment of the contempt proceedings till the next listing of this appeal.

List on 20th October, 2021.

                                                (SANJAY DHAR)                (PANKAJ MITHAL)
                                                      JUDGE                  CHIEF JUSTICE
                      Srinagar
                      24.08.2021
                      Abdul Qayoom, PS




ABDUL QAYOOM LONE
2021.08.24 17:03
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