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2025 Supreme(Raj) 1494
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND, J.
Dr. Alka Bishnoi Daughter of Dr. Shree Chand Vishnoi, Wife of Dr. Rahul Kumar Bishnoi - Petitioner
Vs.
State of Rajasthan - Respondent
Civil Writ Petition No. 6868/2024
Decided On : 08-04-2025
Advocate Appeared:
For the Petitioners: Mr.Rajendra Soni with Mr.Vishal Soni, Dr.Nitin Soni
For the Respondents: Mr.Harsh Parashar & Mr.Sankalp Vijay for Mr.Vigyan Shah, AAG
The court emphasized that long-standing practice and completion of internship should not be denied on technical grounds, affirming the validity of internships completed in different hospitals.
Headnote:
(A) Regulations of Medical Practitioners and Licence to Practice Medicine Regulations, 2023 - Clause 9 - Writ petition for issuance of internship completion certificate - Petitioner completed internship in two parts, one in Bharatpur and another in Agra, but faced denial of certificate due to lack of formal approval - Court held that the petitioner, being a registered medical practitioner for over 25 years, should not be denied the certificate on technical grounds. (Paras 1, 8, 9)
(B) Medical Council of India - The internship can be completed in any State Medical Council in India, and the absence of formal approval should not hinder the issuance of the certificate after such a long duration of practice. (Paras 8, 9)
Facts of the case:
The petitioner completed her MBBS in 1988 and sought to transfer her medical practice license from Rajasthan to Uttar Pradesh, requiring an internship certificate in a new proforma as per the 2023 Regulations. The respondents contended that the petitioner did not have proper approval for her internship completed in Agra.
Findings of Court:
The court directed the Principal of SMS Medical College to issue the internship certificate as required under the 2023 Regulations, emphasizing the long duration of the petitioner's practice and the lack of a bar on completing internships in different hospitals.
Issues: The main issues were whether the petitioner was permitted to complete her internship in Agra and the validity of the internship certificate issuance process.
Ratio Decidendi: The court ruled that the petitioner’s long-standing practice and the completion of her internship should not be undermined by technicalities, affirming that the internship can be completed in any recognized institution.
Result: Writ petition disposed of with directions to issue the internship certificate.
Order :
ANOOP KUMAR DHAND, J.
1. The instant writ petition has been preferred with the following prayer:-
“(i) By issuing an appropriate writ order or direction, the impugned action of respondents of not issuing fresh internship completion certificate in new proforma required under Clause 9 of the "Regulations of Medical Practitioners and Licence to Practice Medicine Regulations, 2023" for transfer of license of medical practice from Rajasthan State to Uttar Pradesh State, be quashed and set aside and the respondent No.2- Principal, S.M.S. Medical College, Jaipur be directed to issue fresh internship completion certificate in new proforma required under Clause 9 of the "Regulations of Medical Practitioners and Licence to Practice Medicine Regulations, 2023" for transfer of license of medical practice from Rajasthan State to Uttar Pradesh State with all consequential benefits.
(ii) Any other appropriate writ, order, or direction which this Hon'ble Court deem think fit and proper in facts and circumstances of this case may also be passed in favour of the petitioner
(iii) Cost of the writ petition may also be awarded in favour of the petitioner.”
2. By way of filing this writ petition, the petitioner is seeking direction against the respondent No.2, to issue fresh internship certificate in the new proforma required under Clause-9 of the Registration of Medical Practioners and Licence to Practice Medical Regulations, 2023 (for short, “the Regulations, 2023”).
3. The petitioner took admission in the MBBS Course in the year 1983 in Sawai Man Singh Medical College, Jaipur (for short, “the SMS”) and she completed her MBBS Course in the year 1988, thereafter, she started her internship in the subject Gyneacology/ Obstetrics with effect from 26.12.1988 till 25.01.1989 at District Hospital, Bharatpur. In the meantime, her marriage was solemnized with Dr. Rahul Kumar Bishnoi, who was a resident of Bijnor, U.P. and working in the State of Uttar Pradesh as a Government Servant. Thereafter she requested the Principal, SMS College, Jaipur, to permit her to complete her remaining internship from the District Hospital at Agra. It is submitted in the writ petition that the then Principal of the College, Dr. S. R. Mehta allowed & permitted her to complete her remaining internship from the District Hospital at Agra. An affidavit was submitted by the petitioner before the Principal, seeking the aforesaid permission. Thereafter from 26.05.1989 to 25.06.1989 in the District Hospital, Agra, the petitioner has completed her internship in Gynaecology/ Obstetrics. Furthermore, she did her internship in the subject-medicine from 26.05.1988 to 20.02.1989 from the District Hospital, Bharatpur and from 21.02.1989 to 25.05.1989 from District Hospital, Agra. Thereafter, she did her remaining internship in Surgery from 26.03.1989 to 25.05.1989 from District Hospital, Agra in Social and Preventive Medicine from 26.06.1989 to 25.12.1989 from the District Hospital, Agra. A completion certificate in this regard has also been given by the Chief Medical Officer/ Senior Medical Superintendent, District Hospital Agra on 30.12.1989. The degree of MBBS was awarded to the petitioner and thereafter, the petitioner registered herself as a Medical Practitioner from Rajasthan Medical Council on 22.01.1990.
4. It is the case of the petitioner that after getting the Degree of MBBS, she did Post-Graduation and Diploma in Obstretics and Gynaecology from University of Agra and the aforesaid qualifications were recognized and registered by the Rajasthan Medical Council on 20.01.1990 and Medical Council of India on 16.04.2004, thereafter, the petitioner wanted to transfer her licence of practice from the State of Rajasthan to the State of Uttar Pradesh and for the said purpose, an internship Certificate is required under the proforma, prescribed under Clause 9 of the Regulations of 2023.
5. The case of the respondents is that the petitioner was never permitted to do her remaining part of the
