Point of Law – "What would be a material fact, suppression whereof would disentitle appellant to obtain a discretionary relief, would depend upon facts and circumstances of each case - Material fact would mean material for purpose of determination of lis, logical corollary whereof would be that whether same was material for grant or denial of relief. "

JUDGMENT :

Navin Chawla, J.

C.M. No. 19188/2021

Exemption allowed, subject to all just exceptions. The application stands disposed of.

LPA 193/2021

1. This appeal has been filed challenging the judgment dated 11.06.2021 passed by the learned Single Judge in W.P. (C) 5908 of 2021, titled Association of MD Physicians vs. National Board of Examination & Ors., dismissing the writ petition filed by the appellant herein with cost of Rs.25,000/- (Rupees Twenty-Five Thousand only). The learned counsel for the appellant submits that the present appeal has been filed confining the challenge thereto only to the finding of the learned Single Judge that the appellant has “indulged in forum shopping" as well as the imposition of cost of Rs.25,000/- on it.

2. The appellant had filed the above writ petition seeking the following reliefs:-

“a) Issue an Appropriate Writ, Order or Direction, in the nature of a Writ of Mandamus, under Article 226 of the Constitution setting aside the time schedule for conduct of the June 2021 FMGE as contained in the Notice dated 15.04.2021 and the Information Bulletin dated 16.04.2021, titled ‘Foreign Medical Graduate Exam Screening Test Information Bulletin December 2020 Session,” published by the NBE/ Respondent No. 01 and all consequences thereof;

(b) Issue an appropriate Writ, Order or Direction, in the nature of a Writ of Mandamus, under Article 226 of the Constitution of India, directing the Respondent No.1 to conduct the examination at a time conducive for such examination, but no earlier than six (6) weeks from the date when the examination was originally scheduled."

3. Before filing the above petition, the appellant had filed a writ petition, titled Association of MD Physicians & Ors. vs. Union of India & Anr., W.P. (C) 585 of 2021 before the Supreme Court, inter alia, praying for the following reliefs:-

“MAIN PRAYER:

(a) Issue an appropriate writ, order or direction directing the Respondents to exempt Foreign Medical Graduates (who have obtained their primary medical qualification from outside India) from qualifying the Foreign Medical Examination as a one-time measure for being inducted as Doctors to aid the COVID-19 workforce of healthcare professionals; or in the alternative

(b) Issue an appropriate writ, order or direction to ensure that the Respondents take adequate measures to ensure that the medical and monetary benefits like an insurance cover and stipend be granted to such Foreign Medical Graduates who are inducted in the workforce during the Covid 19 pandemic, at par with the Indian Medical Graduates;

(c) Issue an appropriate writ, order or direction to the Respondents to reduce the qualifying criteria for those Foreign Medical Graduates that took the Foreign Medical Graduate Examination on 4th December 2020 to bring such qualifying criteria at par with that of the NEET PG Examination 2020;

(d) Issue an appropriate writ, order or direction to the Respondents to reduce the qualifying criteria for those Foreign Medical Graduates that will take the Foreign Medical Graduate Examination in June 2021 to bring such qualifying criteria at par with that of the NEET PG Examination 2020;

(e) Issue an appropriate writ, order or direction to expedite the process and formalities for all the Foreign Medical Graduates who are awaiting the commencement of their 12 month Compulsory Rotational Internships in India after clearing the Foreign Medical Graduate Examination, and to treat their induction in the COVID-19 workforce as part of such Compulsory Rotational Internship;

(f) Issue an appropriate writ, order or direction to expedite the State Medical Council Registration and other formalities for all the Foreign Medical Graduates who have completed their 12 month Compulsory Rotational Internships in India after clearing the Foreign Medical Graduate Examination;

(g) Issue an appropriate writ, order or direction to expedite the process and formalities for all the Foreign Medical Graduates who are awaiting the commencement of th