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IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Bansal, J.
Association Of Md Physicians - Appellant
Versus
National Board Of Examinations & Ors. - Respondents
W.P. (C) No. 5908 of 2021; C.M. Appls No. 18687 of 2021, 18688 of 2021
Decided On : 11-06-2021
COVID-19 Pandemic - Foreign Medical Graduate Examination - Indian Medical Council Act, 1956 - Screening Test Regulations 2002 - FMGE- June, 2021 - [COVID-19 Pandemic] - [Indian Medical Council Act, 1956, Screening Test Regulations 2002] - The court discussed the urgency of relief sought due to the COVID-19 pandemic, the measures taken by the examination conducting agency to ensure safety during the exam, and the decision to hold the examination on the scheduled date. The court found that the respondents had considered all aspects and taken adequate precautions to hold the examination, and there was no legal right to seek postponement for a small number of candidates.
Fact of the Case:
The petitioner Association challenged the Notice and Information Bulletin for conducting Foreign Medical Graduate Examination (FMGE)- June, 2021, seeking postponement of the examination due to the second wave of COVID-19 pandemic. The respondents had taken all precautionary measures to hold the examination.
Finding of the Court:
The court found that the petitioner Association did not come clean with regard to the prior petition filed before the Supreme Court and had indulged in forum shopping. The court dismissed the petition, stating that the respondents had considered all aspects and taken adequate precautions to hold the examination, and there was no legal right to seek postponement for a small number of candidates.
Issues: Urgency of relief sought due to the COVID-19 pandemic, disclosure of prior petition filed before the Supreme Court, and forum shopping.
Ratio Decidendi: The court held that the examination conducting bodies are expert bodies, and minimal interference should be made with their decisions. It also found that the petitioner Association did not come clean with regard to the prior petition filed before the Supreme Court and had indulged in forum shopping.
Final Decision: The petition was dismissed with costs of Rs. 25,000/-.
JUDGMENT
Amit Bansal, J. - The present writ petition has been filed by the Association of M.D. Physicians (petitioner Association) challenging the Notice dated 15th April, 2021 and Information Bulletin dated 16th April, 2021, titled 'Foreign Medical Graduate Examination Screening Test Information Bulletin- June, 2021 Session' released by respondent No.1/National Board of Examination (NBE), by which the respondent No.1 has notified the schedule for conducting Foreign Medical Graduate Examination (FMGE)- June, 2021. The petitioner Association also seeks setting aside of the time schedule for the conduct of FMGE- June, 2021 and for postponement of the said Examination scheduled for 18th June, 2021 to a date no earlier than six weeks thereafter.
2. Issue notice. Notice is accepted by Mr. Kirtiman Singh, Advocate on behalf of respondent No.1/NBE. Mr. Sushil Kumar Pandey, Senior Panel Counsel accepts notice on behalf of respondent No.2/Union of India (UOI) and Mr. T. Singhdev, Advocate, accepts notice on behalf of respondent No.3/National Medical Commission (NMC).
3. In view of the urgency of relief sought, the present petition has been taken up for final hearing with the consent of the parties. The counsels were heard at length on 9 th June, 2021 and the matter was adjourned for today i.e., 11th June, 2021. On account of paucity of time and urgency of relief sought, instead of filing a counter affidavit, respondents were directed to place on record documents with regard to decision taken by the respondent No.1 to hold the FMGE- June, 2021 on the scheduled date, including the steps taken that demonstrate COVID preparedness. The petitioner Association had also sought to place on record the Memorandum of Articles of the petitioner Association along with the Board Resolution passed in favour of Dr. Ravi Bhushan Gupta to file the present petition. Pursuant to the said Order, relevant records have been filed on behalf of the petitioner Association and respondents No.1 and 3 along with the judgments relied upon.
4. The petitioner is an Association of M.D. Physicians, which has on its rolls, foreign medical graduates who have completed their primary medical courses in medical educational institutions outside India. In accordance with the Indian Medical Council Act, 1956 (as amended in 2001) and Screening Test Regulations 2002, persons who have acquired medical qualifications outside India are required to qualify the FMGE in order to receive recognition for their medical qualifications and to be registered with the State Medical Councils in order to practice medicine in India. The petition has been filed through the Governing Body Member of the petitioner Association, Dr. Ravi Bhushan Gupta and a Resolution favouring the said Dr. Ravi Bhushan Gupta has been filed by the petitioner Association. It is further stated that 41 members of the petitioner Association (list given in Annexure P-5 at page 165 of the petition) are registered to appear for the FMGE- June, 2021.
5. The main plank of the argument of the counsel for the petitioner is that in light of the second wave of COVID-19 pandemic prevailing in the country, the FMGE- June, 2021 should be postponed to at least six weeks beyond the scheduled date. At pages 17 and 18 of the petition, the petitioner has given details of various examinations, which were scheduled in the months of May and June, 2021 and have been postponed. It is further stated that there are about 18,000 candidates registered for the FMGE- June, 2021 and there are only 46 Centres, where the said Examination is being held. It is also stated that candidates for the FMGE- June, 2021 would be required to travel beyond their home cities/towns to other cities/towns and would have to organise boarding and lodging in a different city, which could create problems during COVID times. It is further emphasized that as per the Information Bulletin, the respondents have not provided any place where the candidates could place their mobile ph
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The stipulation for a two-year internship for foreign medical graduates is upheld as valid, ensuring adequate clinical training crucial for public health standards, especially post-COVID-19.
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