2025:BHC-A PSV RAAGA R J TAA S ARK K TA : DsPSV D21+ i 06 RA 5 A i a g 0 g 2: t GA R n 53 i e5 t 3 eJ TA 0 : a . Ad 0 1 A : R 1 l 0 K 1 K by 1 T . y 2 A 8

908-DB 8-WP 3626-20.DOC Prajakta Vartak IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3626 OF 2020 Dr. Lalitkumar Suresh Patil ...Petitioner Vs The Commissioner, Pune Municipal Corporation ...Respondent _________

Ms. Vaishali Jagdale with Mr. Yash Jagdale for the Petitioner.

Mr. Abhijit Kulkarni with Ms. Sweta Shah for Respondent/PMC.

__________

CORAM: G. S. KULKARNI &

AARTI SATHE, JJ.

DATE: 20 NOVEMBER 2025.

P.C.

1. This petition under Article 226 of the Constitution of India is filed praying for a relief that the action of the respondent-Pune Municipal Corporation (“PMC”) in not selecting the petitioner for appointment of Class-I post of Pediatrician in the municipal hospital of the respondent is arbitrary and illegal, in as much as the correct qualifying marks secured by the petitioner in obtaining the medical decree were not considered, and on the basis of an arbitrary criteria of the petitioner having secured 50% marks was applied without any basis.

2. The relevant facts are required to be noted. The petitioner secured a degree in medicine from a foreign institute, namely, from Sechenov Moscow Medical Academy, Russia, wherein the petitioner was awarded a Grade Certificate along with the marks secured by the petitioner in each of the subjects. In respect of the grade as awarded to the petitioner, the following Grade Certificate was submitted by the petitioner to all the authorities including the selection process:-

“ GRADE CERTIFICATE This is to certify that under the system of education prevalent in various academic institutions in the Russian Federation, examinations are passed by grades and not by marks.

Grade 5 (Excellent) - a pass at the highest level. Grade 4 (Good) - a pass at the middle level.

Grade 3 (Satisfactory) - a pass at the lowest admissible level.

Apart from this, some papers are marked <> or <>, which indicates adequate knowledge in the particular subject without the system of grading.

The grade equivalence in percentage is as follows: Grade Equivalence in percentage

5 (Excellent) - 90% and above

4 (Good) - 80% to 89% 3 (Satisfactory) - 70% to 79%”

3. A student who has obtained such qualification from an university abroad is required to appear for the national examination conducted by the Indian Body namely the “National Board of Examinations”, for recognition of such degree and for registration as a medical practitioner with the domestic medical council. The petitioner appeared for such examination in March 2005 and qualified the same, however, at the relevant time, there was no grade which was being conferred by the said body holding the examination for such Indian nationals who have obtained a medical degree from a foreign university, hence a grade certificate was being issued, as also granted to the petitioner being a certification that he has passed the said test, enabling him to get enrolled as a Medical Practitioner and practice in India. On the basis of such certification, the petitioner registered himself as the Physician in the year 2006 with Maharashtra Medical Council. Thereafter the petitioner was also appointed as a Medical Officer at Wadia Hospital for Children, Mumbai on 20 February 2007. In the year 2009 the petitioner completed his two years course in Diploma in Child Health (“DCH”). Thereafter the petitioner applied for the post of Health Consultant at UNICEF Kolkata and was accordingly granted an appointment on 03 August 2009 on such post. The petitioner also worked as Research Scientist-I (Clinician) at National Aids Research Institute, Pune.

4. On such background, the petitioner in pursuance of an advertisement dated 05 March 2012 issued by the respondent, inviting applications for the appointment of Medical Officer, which was a Class-II post applied for the said post. The petitioner was successful in the s