WPMS/1971/2018
2021 Latest Caselaw 2655 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
           ON THE 28TH DAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     Writ Petition (M/S) No. 1971 OF 2018
BETWEEN:

Dr. Gaurav Benjwal                        ...Petitioner

     (By Mr. Shobhit Saharia, Advocate)

AND:

State of Uttarakhand & others             ...Respondents

     (By Mr. Mamta Bisht, learned Deputy Advocate General
     for the State of Uttarakhand, Mr. Parikshit Saini, learned
     counsel for respondent no. 4 and Mr. Hemant Pant,
     Advocate holding brief of Mr. K.P. Upadhyaya, learned
     counsel for respondent no. 5)

                      JUDGMENT

1. Petitioner is a student of M.D. Radiology. Petitioner took admission in MD Radiology/Radio Diagnosis Course in Government Medical College, Haldwani in the Batch 2015-16. At the time of petitioner's admission, permission under Section 10A of Indian Medical Council Act, 1956, was granted; however, recognition was not given.

2. By means of this writ petition, petitioner has sought following relief:-

(i) Issue a writ, order or direction in the nature of mandamus declaring the post graduate degree obtained by the petitioner from Government Medical College, Haldwani in Radiodiagnosis/Rdiology as legal and valid in terms of notification dated 05.04.2018 issued by the Central Government.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 5 to grant and make registration of the post graduate course in a Radiodiagnosis/Radiology in the registration certificate of the petitioner.

3. The matter was last listed on 14.07.2021, on which date, Mr. Parikshit Saini, Advocate appearing for Medical Council of India was asked to get instructions. Today, on instructions from National Medical Commission, he made a statement that the said course, to which petitioner was admitted, was recognised for the Batch 2015-16, 2016-17 and 2017-18.

4. Since petitioner belongs to 2015-16 Batch, therefore, logical corollary to the statement of Mr. Parikshit Saini is that Batch, to which petitioner belongs, has been recognised.

5. Accordingly, writ petition is disposed of by taking the statement made by Mr. Parikshit Saini, learned counsel for respondent no. 4 on record.

(MANOJ KUMAR TIWARI, J.) Aswal