Jammu & Kashmir High Court - Srinagar Bench
In Owp No. 2044/2018 vs Harsh Vardan Shringla & Anr on 31 May, 2021
Serial No. 105
Before Notice Causelist
(Through Virtual Mode)
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
CCP(S) No. 184/2020
In OWP No. 2044/2018
Hadiya Chisti.
......Petitioner(s)
Through: Mr Jahangir Iqbal Ganai, Sr Advocate with
Ms Humaria Shafi, Advocate.
vs
Harsh Vardan Shringla & Anr.
......Respondent(s)
Through: Mr T.M. Shamsi, ASGI.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
ORDER
31.05.2021
Petitioner alleges violation of judgment/final order passed by the
writ Court on 4th of December, 2019 in the writ petition bearing OWP No.
2044/2018 titled Hadiya Chisti vs Union of India & Ors, in terms whereof, the
writ Court disposed of the writ petition in the facts and circumstances as
discussed in the judgment, with direction to the Respondent No. 1 to consider
the case of the petitioner for recognition of her qualification of MBBS and
also for registering her as a Medical Practitioner on the rolls of the Indian
Medical Association or the State Medical Registry, as the case may be, purely
on equitable considerations.
The Court need not to reproduce the whole judgment while framing
prima facie view as the same is available with the respondents.
On notice, the respondents have filed statement of fact/response,
duly supported by the affidavit of Under Secretary, Ministry of External
Affairs, New Delhi and placed on record the order of consideration as
Annexure-R-1, in terms whereof, the respondents have rejected the claim of
the petitioner regarding recognition and registration of the medical
qualification of the college wherefrom she got the medical degrees.
Perusal of the consideration order reveals that the respondents have
reiterated the stand which was taken in the writ petition and discussed by the
writ Court while deciding the writ petition. There is no mention of the
observation and the findings in the consideration order as recorded by the writ
Court qua relief granted. Needless to mention that the writ Court was
conscious of the scheme of law, governing the recognition of medical colleges
outside India as also registration of the candidates who have obtained the said
degrees.
The stand taken in the statement of facts prima facie amounts to
sitting on the judgment of the writ court without challenging the judgment in
case the respondents were aggrieved of the same, on the premise as detailed
out in the statement of facts.
Before proceeding further, the Court deems it proper to defer the
further consideration and grant one more opportunity to the respondents to
reconsider the claim of the petitioner in tune with the mandate of observations
and the decision rendered by the writ Court, while keeping in view of the stand
already taken in the writ petition and discussed by the writ court and directions
passed. Needful shall be done within a period of two months.
List on 30th of July, 2021, in the Daily Supplementary Cause List.
Copy of this order be provided to Mr T.M. Shamsi, learned ASGI
under the seal and signature of Bench Secretary of this Court by any available
mode.
(Ali Mohammad Magrey)
Judge
SRINAGAR:
31.05.2021
"Hamid"
ABDUL HAMID BHAT
2021.06.01 15:54
I attest to the accuracy and
integrity of this document
