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2019 Supreme(Del) 2265

HIMA KOHLI, ASHA MENON
Rajat Duhan – Appellant
Versus
All India Institute Of Medical Sciences – Respondent


Advocate Appeared:
For the Appellant :Mr. Nitin K. Gupta, Advocate
For the Respondent:Mr. Dushyant Parashar, Ms. Puja Sarkar, Ms. Arunima Pal, Mr. Tarun Verma, Mr. Abhijit Chakravarty, Ms. Sumangla, Mr. Kirtiman Singh, Mr. Waize Ali Noor, Mr. Prateek Dhanda, Mr. Rohan Anand, Mr. Vikrant N. Goyal, Mr. Suraj Kumar, Advocates

JUDGMENT :

ASHA MENON, J.

1. This intra-court appeal has been preferred by three appellants who are medical graduates, being aggrieved by the order dated 21.08.2019, whereby the learned Single Judge had dismissed their writ petition [W.P.(C) 6367/2019], with the following prayers: -

    “(a) set aside/quash the impugned clause 2(c) (vi) of the All India Institute of Medical Sciences, PG course prospectus, July 2019 session and impugned reply dt. 20.05.2019, being violative of Articles 14 and 21 of the Constitution of India;

(b) Direct Respondent no. 1 to treat the Indian MBBS Graduates and the Petitioners equal for all intents and purposes for ascertaining their eligibility i.e. as per the marks obtained in MBBS degree, for PG course admissions for July 2019 session and for all sessions in future;

(c) Pass any such other and such further orders as this Hon’ble Court may deem and proper in the interest of justice.”

2. The appellants/petitioners who are medical graduates had obtained their MBBS degrees from Foreign Universities between the years 2011 and 2018. As required by the respondent No.3/Medical Council of India (for short ‘MCI’), they passed a Screening Test (FMGE) conducted by the re

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