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2023 Supreme(Del) 4767

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Aayushi Dineshbhai Prajapati – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Ms. Archana Pathak Dave with Mr. Kumar Prashant and Mr. Avnish Dave, Advocates, for the Appellant.
Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr. Bhanu Gulati, Mr. Anum Hussain, Mr. Aabhas Sukhramani, Mr. Tanishq Srivastava and Ms. Ramanpreet Kaur, Advocates, for the Respondent-2/NMC.

JUDGMENT

CM APPLs. 24012-13/2023 (Exemption)

Allowed, subject to all just exceptions.

LPA 422/2023 & CM APPLs. 24010-11/2023

1. Aggrieved by the Judgment dated 02.02.2023 passed by the learned Single Judge in W.P.(C) 13982/2022 dismissing the writ petition, the Appellant has filed the instant LPA.

2. Shorn of unnecessary details, facts leading to the filing of the instant LPA reads as under:

a) The Appellant took the Higher Secondary Certificate Examination (12th Examination) from the Gujarat Secondary & High Secondary Examination Board, Gandhinagar with Physics, Chemistry and Mathematics as her primary subjects and cleared the same with 54.44% marks in March, 2013.

b) After about an year i.e., in April 2014, the Appellant enrolled herself in the National Institute of Open Schooling (hereinafter referred to as `NIOS') with Physics, Chemistry and Biology as her subjects and cleared her 12th standard examination. Though, the Appellant enrolled in NIOS in the month of April, 2014, she obtained passing certificate in the month of November, 2014 i.e., after a period of 7 months.

c) In the year 2015, the Appellant applied for studying MBBS/MD physician course in Ukraine for the session 2015-

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