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2022 Supreme(Del) 441

V.KAMESWAR RAO
Apurv Shankar – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kundan Kumar Mishra & Mr. Arpit Srivastava.
For the Respondents: Mr. Arnav Kumar & Mr. Harssh Bhatia, Mr. T. Singhdev, Mr. Abhijit Chakravarty, Ms. Michelle B. Das, Mr. Bhanu Gulati and Ms. Sumangla Swami, Mr. Kirtiman Singh & Mr. Waize Ali Noor.

JUDGMENT :

V. Kameswar Rao, J.

1. The present petition has been filed with the following prayers:

    “It is, therefore, most humbly prayed that this Hon’ble Court may kindly be pleased to issue an appropriate Writ/Directions/Orders in the nature of Certiorari/Mandamus or any other appropriate remedies and thereby:

I. Quash the decision as contained in Email dated 07.06.2021 (Annexure-P10) of Respondent no 2 ie National Medical Commission and thereby direct the Respondent No.2 to grant permission to the Petitioner to appear in the Screening Test conducted by the Respondent No.3 .

II. Pass any such other order(s) and/or direction(s) that this Hon’ble Court may deem fit in the interest of justice.”

2. The challenge in this petition is to an email dated June 07, 2021 of the respondent No.2, namely the National Medical Commission (‘NMC’, for short), the successor body of the erstwhile Medical Council of India (‘MCI’, for short). Vide the said email, the respondent No.2 has rejected the application of the petitioner dated February 22, 2021 seeking permission to appear in the Screening Test conducted by the respondent No.3, National Board of Examinations in Medical Sciences. The primary reason for

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