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JUDGMENT :
Javed Iqbal Wani, J.
1. In the instant petition filed under Article 226 of the Constitution, the petitioner has prayed for the following reliefs: -
i) By issuance of an appropriate writ or direction, including one, in the nature of Certiorari, the speaking order dated 04.01.2022 issued by the respondent No. 1 as also the communication dated 07.05.2002 issued by the erstwhile Medical Council of India be quashed.
ii) By issuance of an appropriate writ or direction, including one, in the nature of Mandamus, respondent-Commission be directed to grant permanent registration to the petitioner.
2. Facts as pleaded by the petitioner in the instant petition on the basis of which the aforesaid reliefs are being prayed, are that upon passing of Class 12th examination by the petitioner from the Jammu and Kashmir State Board of School Education (for short the Board) respondent 2 herein, the petitioner pursued MBBS course in Ukraine and passed the same in the Month of June 2000 from the State Medical University of Lugansk, Ukraine and thereafter came to be granted provisional registration vide certificate No. 15741 by the Medical Counsel of India (for short the MCI) under the provisions of
The court reinforced the principle of natural justice, ruling that administrative decisions affecting rights require due process, including notice and an opportunity to be heard.
The court upheld that only recognized foreign qualifications can lead to registration, emphasizing compliance with MCI standards and screening tests.
The court established that obtaining an eligibility certificate before enrolling in a foreign medical institution is a statutory requirement that cannot be remedied post-facto.
A person who obtains medical qualification granted by medical institutions outside India recognised for enrolment as medical practitioner in that country and who clears Screening Test in terms of Sec....
The delay in obtaining a required certificate, beyond the petitioner's control, should not render the petitioner ineligible for appointment, especially when vacancies exist and there is a need for mo....
The court emphasized the importance of substantial compliance with the requirements of the advertisement and the duty of the court to impart substantial justice.
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