Dr Himanshu Dwivedi vs National Medical Commission
2021 Latest Caselaw 3789 Kant

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 10TH DAY OF NOVEMBER, 2021

                        PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE
                          AND
 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
     WRIT PETITION NO.13305 OF 2020 (EDN-MED-ADM)

BETWEEN:

DR.HIMANSHU DWIVEDI
S/O OM PRAKASH DWIVEDI
AGED ABOUT 29 YEARS

PERMANENT ADDRESS:
S-8/109, R.D.KHAJURI
M.A.ROAD, NEAR INCOME TAX OFFICE
VARANASI-221 002
UTTAR PRADESH.
                                          ...PETITIONER
[BY SRI.K.SHASHI KIRAN SHETTY, SR.COUNSEL FOR
    SRI.TAKUR RISHABHA RAJ, ADVOCATE(PH)]

AND:

1.     NATIONAL MEDICAL COMMISSION
       (EARLIER KNOWN AS MEDICAL
       COUNCIL OF INDIA/MCI)
       THROUGH ITS SECRETARY
       POCKET 14, SECTOR-9
       DWARKA, NEW DELHI-110 077.
                            2




2.   KEMPEGOWDA INSTITUTE OF
     MEDICAL SCIENCES (KIMS)
     K.R.ROAD, V.V.PURAM,
     BENGALURU-560 004
     REPRESENTED BY ITS DEAN & PRINCIPAL.

3.   RAJIV GANDHI UNIVERSITY OF
     HEALTH SCIENCES
     4TH T BLOCK, JAYANAGAR
     BENGALURU-560 041
     REPRESENTED BY ITS REGISTRAR.
                                 ... RESPONDENTS
(BY SRI.N.KHETTY, ADVOCATE FOR R1;
    SRI.NISHANTH A.V., ADVOCATE FOR R2;
    SRI.N.K.RAMESH, ADVOCATE FOR R3)

     THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
LETTER DATED 08.11.2017 VIDE ANNEXURE-X AND
16.01.2019 OF R-1 ANNEXURE-JJ COMMUNICATION DATED
17.03.2017 ISSUED BY THE R-3 VIDE ANNEXURE-R AND
OFFICE MEMO DATED 27.07.2017 VIDE ANNEXURE-S AND
23.1.2019 (DISCHARGE LETTER) VIDE ANNEXURE-KK ISSUED
BY THE R-2/COLLEGE INTER ALIA BY PLACING ON RECORD
COGENT EVIDENCE (WHICH HAVE NOW COME IN THE
POSSESSION OF THE PETITIONER) TO SHOW AND PROVE
THAT PETITIONER WAS ADMITTED IN NRI/MANAGEMENT
QUOTA UNDER WHICH THERE WEAS NO REQUIREMENT OF
SUBMISSION OF RANK CARD (WHICH WAS THE SOLE BASIS
OF DISMISSAL OF W.P.NO.1636/2018) AND ALSO THAT R-
2/COLLEGE    HAD    ACTED    ILLEGALLY/NEGLIGENT   AND
ARBITRARILY    IN   CONVERTING    THE    ADMISSION   OF
PETITIONER    FORM    NRI    QUOTA    TO   MANAGEMENT
QUOTA/CATEGORY FOR THEIR WRONGFUL AND ILLEGAL GAIN
                                3




AND AT THE SAME TIME RUINING AND SPOILING THE LIFE
AND CAREER OR PETITIONER BY FORWARDING WRONG AND
INCORRECT INFORMATION RELATED TO PETITIONER TO R-1
AND ETC.,

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING:

                              ORDER

This writ petition has been filed by the petitioner seeking

the following reliefs:

"a. To issue Writ of certiorari to quash the Letter bearing No.MCI-23(1)(MC)/2016/M- P/52975-152981 dated 08.11.2017 vide Annexure-X and 16.01.2019 bearing letter No.MCI23(1) (MC) 2016/164305 of Respondent No.1 vide Annexure-JJ, Communication bearing No.AC2-Adm/PG- Med/2016-17/M005 dated 17.03.2017 issued by Respondent No.3 vide Annexure-

           R     and     Office      Memo      bearing
           No.KIMS/838(A)/2017-18                dated
           27.07.2017     vide     Annexure-S      and

23.01.2019 (Discharge Letters) bearing No.KIMS/1960/2018-19 vide Annexure-KK issued by the Respondent No.2/College inter alia by placing on record cogent evidence (which have now come in the possession of the Petitioner) to show and prove that Petitioner was admitted in NRI/Management Quota, under which there was no requirement of submission of "Rank

Card"(which was the sole basis of dismissal of W.P.No.1636/2018) and also that Respondent No.2/College had acted illegally/negligently and arbitrarily in converting the admission of Petitioner from NRI Quota to Management Quota/Category for their and illegal gain and at the same time ruining and spoiling the life and career of Petitioner by forwarding wrong and incorrect information related to petitioner to Respondent No.1. And/or

b. To issue a writ in the nature of Mandamus directing the Respondent No.1MNC/MCI to reconsider the admission of the Petitioner by virtue of the Request Letter Dated 13.08.2019 issued by the Petitioner in view of M.D. General Medicine seat of the said student (Mr.Adeep S., admitted to the M.D.

- General Medicine seat by the Respondent No.2 for the academic year 2016-17 under the NRI Quota; has unfortunately: before completion of the course; passed away in the month of October-2018) under the NRI Category has fallen vacant.

c. Issue a writ in the nature of Mandamus directing Medical Council of India/ Respondent No.1 and Respondent No.3 to approve the admission of petitioner under NRI/management quota in view of new facts and changed circumstances i.e., One Clinical Seat each (under NRI/Management Quota) vacant for academic year 2016-17 and 2017-18 (as per Letter dated 03.09.2018 of the Respondent No.2) and

therefore Petitioner case can be reconsider for admission to MS Ortho and continue / pursue his remaining course under the NRI Quota for academic year 2016-17 in view of terms of Consensual agreement.

d. Issue a writ in the nature of Mandamus directing Medical Council of India/ Respondent No.1 to decide in favour of petitioner in consideration of letter dated 13.08.2019; and in that behalf

e. Pass such other order/s as this Hon'ble Court deems fit and necessary in the facts circumstances of the present case."

2. We have heard the learned counsel for the parties at

length. From a perusal of the record, it is evident that the

petitioner had filed writ petition, viz., W.P.No.1636/2018 in

which inter alia a direction was sought to Medical Council of

India as well as Rajiv Gandhi University of Health Sciences to

approve the admission of the petitioner in respect of Post

Graduate Medical Seat on M.S. Orthopedics for the academic

year 2016-2017. Admittedly, the aforesaid writ petition was

dismissed by a Division Bench of this Court vide judgment

dated 09.03.2018 which is reproduced below for the facility of

reference:

18. For the reasons stated, it is held that the second and third respondents have rightly refused to approve the petitioner's admission with the first respondent for the Post Graduation in MS Orthopedics for the Academic Year 2016-17 as the petitioner did not qualify in the entrance examination and failed to submit 'Rank Card', and the petition is therefore rejected.

It is also not in dispute that the aforesaid order passed

by the Division Bench of this Court was challenged in Special

Leave Petition No.9133/2018 before the Hon'ble Supreme

Court. And the same was dismissed by order dated

16.04.2018.

3. Undoubtedly, the petitioner once again filed a writ

petition viz., W.P.No.21084/2019 in which, inter alia, again a

direction was sought to Medical Council of India to reconsider

the admission of the petitioner in view of the letter dated

03.09.2018. The aforesaid writ petition was dismissed. The

relevant portion of the order reads as under:

"Learned counsel for respondent No.2 submitted that the prayer in the writ petition has become infructuous.

The submission of the learned counsel is placed on record.

In view of the submission made by the learned counsel, the writ petition is dismissed as having become infructuous."

4. Thereafter again this writ petition has been filed. The

action of the petitioner in filing repeated writ petitions with

regard to the same subject matter clearly amounts to abuse of

process of law and same cannot be countenanced.

The writ petition is, therefore dismissed.

Sd/-

JUDGE

Sd/-

JUDGE