Back
2023 Supreme(Online)(DEL) 8075
$~ 22 to 25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 15/2023 DR. MAHESH PRAKASH SHINDE & ORS. ...... Appellants Through: Mr. Sunil Fernandes, Mr. Apoorve Karol with Ms. Mithu Jain, Ms. Kavitoli G. Yeptho and Mr. Lakshay Sharma, Ms. Priyansha Sharma, Advocates.
versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. T.P. Singh, Sr. Central Govt.
Counsel with Mr. Sunil Kumar Gupta, Under Secretary, MoHFW for respondent no. 1/UOI.
Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr.Bhanu Gulati, Ms.Anum Hussain, Mr.Aabhaas Sukhramani, Mr.Tanishq Srivastava and Ms.Ramanpreet Kaur, Advocates for R2/NMC Mr. Kirtiman Singh, Mr. Waize Ali Noor, Mr. Varun Rajawat, Mr. Madhav Bajaj, Ms. Taha Yasin, Ms. Shreya V. Mehra and Ms. Anvi Garg, Ms. Vidhi Jain, Advocates for respondent no. 3/NBE Mr. Akhil Sibal, Mr. Satvik Verma Sr. Advocates with Ms. Gazal, Mr. Shivanshu Bhardwaj and Mr. Archit Mudgal, Advocates for R-4/CPS + LPA 16/2023 DR. RASHI SATYANARAYAN SONI & ORS. ..... Appellants Through: Mr. Sunil Fernandes, Mr. Apoorve Karol with Ms. Mithu Jain, Ms. Kavitoli G. Yeptho and Mr. Lakshay Sharma, Ms. Priyansha Sharma, Advocates.
versus UNION OF INDIA & ORS. ..... Respondents Through: Ms. Nidhi Raman, CGSC with Mr.
Zubin Singh, Advocate for UOI Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr.Bhanu Gulati, Ms.Anum Hussain, Mr.Aabhaas Sukhramani, Mr.Tanishq Srivastava and Ms.Ramanpreet Kaur, Advocates for R2/NMC.
Mr. Kirtiman Singh, Mr. Waize Ali Noor, Mr. Varun Rajawat, Mr. Madhav Bajaj, Ms. Taha Yasin, Ms. Shreya V. Mehra and Ms. Anvi Garg, Ms. Vidhi Jain, Advocates for respondent no. 3/NBE Mr. Akhil Sibal, Mr. Satvik Verma Sr. Advocates with Ms. Gazal, Mr. Shivanshu Bhardwaj and Mr. Archit Mudgal, Advocates for R-4/CPS + LPA 87/2023 COLLEGE OF PHYSICIANS AND SURGEONS OF MUMBAI ..... Appellant Through: Mr. Akhil Sibal, Mr. Satvik Verma, Sr. Advocates with Mr. Gazal, Mr. Shivanshu Bhardwaj and Mr. Archit Mudgal, Advocates versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. T.P. Singh, Sr. Central Govt.
Counsel with Mr. Sunil Kumar Gupta, Under Secretary, MoHFW for respondent no. 1/UOI.
Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr.Bhanu Gulati, Ms.Anum Hussain, Mr.Aabhaas Sukhramani, Mr.Tanishq Srivastava and Ms.Ramanpreet Kaur, Advocates for R2/NMC Mr. Kirtiman Singh, Mr. Waize Ali Noor, Mr. Varun Rajawat, Mr. Madhav Bajaj, Ms. Taha Yasin, Ms. Shreya V. Mehra and Ms. Anvi Garg, Ms. Vidhi Jain, Advocates for respondent no. 3/NBE + LPA 149/2023 DR SACHIN GAGAJIBHAI SHETA ..... Appellant Through: Mr. Apoorve Karol with Ms. Mithu Jain, Ms. Kavitoli G. Yeptho and Mr.
LakshaySharma, Advocates.
versus UNION OF INDIA AND ORS ..... Respondents Through: Ms. Nidhi Raman, CGSC with Mr.
Zubin Singh, Advocate for UOI Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr.Bhanu Gulati, Ms.Anum Hussain, Mr.Aabhaas Sukhramani, Mr.Tanishq Srivastava and Ms.Ramanpreet Kaur, Advocates for R2/NMC.
Mr. Kirtiman Singh, Mr. Waize Ali Noor, Mr. Varun Rajawat, Mr. Madhav Bajaj, Ms. Taha Yasin, Ms. Shreya V. Mehra and Ms. Anvi Garg, Ms. Vidhi Jain, Advocates for respondent no. 3/NBE % Date of Decision: 18th September, 2023 CORAM:
HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE MINI PUSHKARNA
J U D G M E N T
MANMOHAN, J (Oral)
CM APPL. 9914/2023 in LPA No. 149/2023
1. This is an application under Section 5 of the Limitation Act, 1963 read with Section 151 Code of Civil Procedure, 1908 (CPC) on behalf of the appellant seeking condonation of delay of 90 days in filing the instant appeal.
2. Keeping in view the averments made in the present application, delay in filing the appeal is condoned.
3. Application is disposed of.
CM APPL. 9917/2023 & CM APPL. 44268/2023 in LPA No. 149/2023
4. These are applications on behalf of the appellant to place on record additional documents.
5. For the reasons stated in the applications, the present applications are allowed and are accordinglydisposed of.
CM APPL. 44269/2023 in LPA No. 149/2023
6. For the reasons stated in the application, appellant is exempted from filing the certified copies of annexures accompanying the application, CM APPL. 44268/2023.
7. Application is disposed of accordingly.
CM APPL.1090/2023 in LPA No.15/2023 CM APPL.1095/2023 in LPA No.16/2023 CM APPL. 9913/2023 in LPA No. 149/2023 CM APPL. 42078/2023 in LPA No. 149/2023 BACKGROUND
8. These are applications on behalf of appellants for granting stay of the impugned common judgment dated 11th October, 2022 passed by the learned Single Judge in W.P (C) 5328/2022, with further prayer for allowing the appellants-doctors to apply and appear in the Diplomate of National Board (DNB) final examination; Doctorate of National Board (DrNB) final examination and National Entrance Cum Eligibility Test- Super Speciality (NEET-SS) Examination as and when the next information bulletin for conducting the said examination is issued by respondent no. 3/ National Board of Examination (NBE). CM APPL. 42078/2023 is an application on behalf of the appellant in LPA No. 149/2023 under Section 151 CPC for direction to respondent no.3/NBE to issue a registration number to the appellant, with further prayer for direction to NBE to accept/take on record the thesis to be submitted bythe appellant.
9. At the outset it may be noted that upon the appellants herein approaching the Supreme Court with respect to hearing the matter on interim relief, Supreme Court in Special Leave Petition (Civil) No. 17448/2023 had noted that the matter was listed before this Court for final hearing. It was recorded by Supreme Court that in case for some reason, the final hearing of the appeals cannot be completed, the High Court would consider and pass appropriate order on the interim application after hearing the parties.
10. This Court had commenced final arguments in the matters on 28th August, 2023. In view of the various submissions made before this Court during the course of hearing, this Court had directed that Dr. Girish Manaindaikar, President of College of Physician and Surgeons, Mumbai (CPS, Mumbai) be personally present in Court. Thus, when Dr. Girish Manaindaikar appeared personally before this Court on 04th September, 2023. Number of clarifications with regard to the functioning of CPS, Mumbai as well as the issues raised in the present appeals, were sought from him. Dr. Girish Manaindaikar undertook to this Court that he will file supplementaryaffidavit. Thereafter, matters were further heard bythis Court on 05th September, 2023.
11. Subsequently, when the present matters were taken up for hearing on 11th September, 2023, learned senior counsel for CPS, Mumbai stated that in view of the clarifications sought by this Court with regard to functioning of CPS, Mumbai as well as the issues in the present appeals, at least three weeks’ time was required to file a supplementary affidavit. In view thereof, it was recorded by this Court that it would not be possible to conclude the hearing and pronounce the final judgment prior to 12th October, 2023 considering the fact that the last date for filing of the DNB form is 20th September, 2023 and the first examination is scheduled for 12th October, 2023. On account of the aforesaid, this Court has proceeded to hear the matt
