The importance of truthful statements in petitions and the impact of false statements on the credibility of the petitioner's case.

Vikramajit Sen, J.

( 1 ) THE petitioner states that after completing his schooling in India he had obtained admission in the Altai State Medical Institute, Russia to pursue the M. D. (Physician) course. After two years of study therein he migrated to the Tver State Medical Academy in Russia which is duly recognised by the MCI. In 1998 he was awarded the qualification of Doctor of Medicine/m. D. (Physician ). On 14. 9. 1998 he applied for registration with the MCI, but this was rejected for the reason that he had been initially admitted in an institution not recognised by the mci.

( 2 ) THIS decision was challenged in CWP No. 5343/1998 which stood decided by the judgment of the Hon ble Supreme Court in Civil Appeal No. 2779 /2000. The operative part of the judgment reads as follows:

"6. In order to regulate the grant of registration to such persons who have completed their degree abroad prior to 15. 3. 2001, the following guidelines are placed before this Court by the Government of India: (A) The case of all persons who applied for registration to MCI prior to 15. 3. 2001 shall be dealt with according to the provisions of the Act as existing prior to the commencement of the IMC (Amendment) Act, 2001 subject to the following: (i) Those students who obtained degrees where the total duration of study in recognised institutions is less than six years (i. e. where a part of the study has been in unrecognised instirutions,orthetotal length of study in a recognised institution is short of six years), shall be granted registration by MCI provided that the period of shortfall is covered by them by way of additional internship over and above the regular internship of one year. In other words, for such categories of students, the total duration of study in a recognised institution plus the internship, would be seven years, which is the requirement even otherwise. (ii) Where students who did not meet the minimum admission norms of MCI for joining undergraduate medical course, were admitted to foreign institutes recognised by MCI, this irregularity be condoned. In other words, the degrees of such students be treated as eligible for registration with MCI. (B) All students who have taken admission abroad prior to 15. 3. 2002 and are required to qualify the screening test for their registration as per the provisions of the Screening Test Regulations, 2002 shall be allowed to appear in the screening test even if they also come in the categories of circumstances contained in (A) (ii) above, as the relaxation contained therein would also be applicable in their case. In other words, any person at present undergoing medical education abroad, who did not conform to the minimum eligibility requirements for joining and undergraduate medical course in India laid down by MCI, seeking provisional or permanent registration on or after 15. 3. 2002 shall be permitted toappear in the screening test in relaxation of this requirement provided he had taken admission in an institute recognised by MCI. This relaxation shall be available to only those students who had taken admission abroad prior to 15. 3. 2002. From 15. 3. 2002 and onwards all students are required to first obtain an Eligibility Certificate from MCI before proceeding abroad for studies in Medicine".

( 3 ) THE stumbling block so far as the petitioner is concerned is that he had made a statement that he had shifted to the Tver State Medical (recognised by the MCI) with in one month of the admission to the Altai State Medical Institute (not recognised by the MCI ). It is on the basis of this incorrect statement that the MCI has declined to grant him registration.

( 4 ) MR. Sethi, learned Counsel for the petitioner has made an eloquent and fervent prayer on behalf of the petitioner to the effect that he has already suffered immensely in that he has not been permitted to set up a medical practice. An apology for the incorrect statement has been tendered. Mr. Maninder Singh, however, states that the afo

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