Jammu & Kashmir High Court - Srinagar Bench
Dr. Mehmood Ahmad vs Union Of India & Ors on 4 August, 2023
Serial No. 66
Supplementary-1 Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 1968/2023
CM No. 4598/2023
Dr. Mehmood Ahmad
... Petitioner(s)
Through: -
Mr R. A. Jan, Senior Advocate with
Mr Suhail Mehraj, Advocate.
V/s
Union of India & Ors.
... Respondent(s)
Through: -
Mr Tahir Majid Shamsi, DSGI with
Ms Shagufta Maqbool, Advocate for R-1 to 6.
CORAM:
HON'BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.
(ORDER)
04.08.2023
01. The Petitioner, through the medium of the instant Petition filed
under Article 226 of the Constitution of India, seeks quashing of impugned
show cause notice bearing No. NBEMS/DoEC/51022/Jun-
17/CD1902521/2023/23951 dated 24th of May, 2023, along with the
consequential proceedings/ action initiated and being undertaken by the
Respondents in pursuance thereto, including the penalty inflicted against
the Petitioner vide impugned Order No. NBEMS/DoEC/51022/Jun-
2017/CD1902521/2023/27506 dated 14th of July, 2023 as well as the
impugned communication No. MRC/J/2023/7621-28 dated 24th of July,
2023, withholding the permanent registration granted in favour of the
Petitioner vide No. 14573.
WP (C) No. 1968/2023
CM No. 4598/2023
02. Mr R. A. Jan, the learned Senior Counsel, appearing for the
Petitioner, submitted that the proceedings initiated by the Respondents
against the Petitioner are being undertaken in a most mechanical and
perfunctory manner, on unfounded assumptions depicting total non-
application of the mind on the part of the Respondents. The learned Senior
Counsel argued that the case of the Petitioner, being class apart, therefore,
the very premise on which the impugned communication of Respondent
No.2 dated 12th of September, 2022 proceeds insofar as the Petitioner is
concerned, is not only factually unfounded, but also in flagrant violation of
the mandate of the Judgment rendered by the Hon'ble Supreme Court in
Indian Doctors from Russia Welfare Association' case reported in 'SCC
2002 (3) 696'. It is pleaded that the impugned proceedings initiated/ being
undertaken against the Petitioner by the Respondents, in particular
Respondents 3 to 7 in pursuance thereto, are manifestly on illusory and non-
existent grounds, as the case of the Petitioner does not, at all, fall in the
category of Foreign Medical Graduates (FMG) claimed to have been
identified by the Respondent No.2 vide classified list dated 12th of
September, 2022 in view of the fact that the Petitioner has been granted the
Provisional Registration in the year 2000, precisely on 17th of May, 2000,
and, therefore, he clearly falls in the realm of the category of Foreign
Medical Graduates (FMG) covered under the guidelines of Government of
India, as approved by the Hon'ble Supreme Court in exercise of powers
vested under Article 142 of the Constitution vide the Judgment supra.
03. In this backdrop, Mr Jan has argued that the impugned
proceedings initiated against the Petitioner by Respondent No.3, vide
impugned Show Cause Notice bearing No. NBEMS/DoEC/51022/Jun-
17/CD1902521/2023/23951 dated 24th of May, 2023 issued in pursuance to
letter of Respondent No.2 bearing No. NBEMS/OSD/PNBE/2022/243
dated 12th of September, 2022, as well as all the consequential proceedings/
actions initiated and being undertaken in pursuance thereto against the
Petitioner, including the impugned penalty inflicted vide impugned Order
No. NBEMS/DoEC/51022/Jun-2017/CD1902521/2023/27506 dated 14th of
WP (C) No. 1968/2023
CM No. 4598/2023
July, 2023 and also the impugned order of Respondent No.7 dated 24th of
July, 2023, withholding the permanent registration issued in favour of the
Petitioner, are void ab initio and non-est in the eyes of law, thus, liable to be
quashed by this Court.
04. Heard and considered.
05. Notice to the Respondents, in the main Petition as well as in
the connected CM.
06. Mr Tahir Majid Shamsi, learned Deputy Solicitor General of
India (DGSI), along with Ms Shagufta Magbool, learned Advocate, enters
appearance and accepts notice on behalf of Respondents 1 to 6. They shall
file Reply/ Objections by the next date of hearing positively, with a copy in
advance to the other side.
07. Notice shall, now, go to Respondent No.7 only, returnable
within four weeks. Requisites for service within one week.
08. List on 18th of September, 2023.
09. Meanwhile, subject to Objections from the other side and until
further orders from this Court, the operation of the impugned show cause
notice dated 24th of May, 2023 as well as impugned Order of penalty dated
14th of July, 2023 and impugned communication dated 24th of July, 2023,
shall stay.
(M. A. CHOWDHARY)
JUDGE
SRINAGAR
August 4th, 2023
"TAHIR"
