LPA 193/2021

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*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 17.05.2022

Date of decision:23.05.2022

+

LPA 193/2021

ASSOCIATION OF MD PHYSICIANS

..... Appellant

Through:

Mr. Adit S. Pujari, Mr. Chaitanya

Sundriyal and Ms. Kajal Dalal,

Advocates.

versus

NATIONAL BOARD OF EXAMINATION & ORS.

..... Respondents

Through:

Mr. Kirtiman Singh, Mr. Waize

Ali Noor, Ms. Srirupa Nag and

Ms. Kunjala Bhardwaj, Advocates

for respondent No.1/ NBE.

Mr. Rakesh Kumar, CGSC with

Mr.

Sunil,

Advocate

for

respondent No.2/ UOI.

Mr. T. Singhdev and Mr. Abhijit

Chakravarty,

Advocates

for

respondent No. 3(NMC).

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J.

C.M. No. 19188/2021

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

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LPA 193/2021

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LPA 193/2021

1. This appeal has been filed challenging the judgment dated

11.06.2021 passed by the learned Single Judge in W.P. (C) 5908 of 2021,

titled Association of MD Physicians vs. National Board of Examination

& Ors., dismissing the writ petition filed by the appellant herein with cost

of Rs.25,000/- (Rupees Twenty-Five Thousand only). The learned

counsel for the appellant submits that the present appeal has been filed

confining the challenge thereto only to the finding of the learned Single

Judge that the appellant has “indulged in forum shopping” as well as the

imposition of cost of Rs.25,000/- on it.

2. The appellant had filed the above writ petition seeking the

following reliefs:-

“a) Issue an Appropriate Writ, Order or

examination was originally scheduled.”

3. Before filing the above petition, the appellant had filed a writ

petition, titled Association of MD Physicians & Ors. vs. Union of India

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& Anr., W.P. (C) 585 of 2021before the Supreme Court, inter alia,

praying for the following reliefs:-

“MAIN PRAYER:

a)Issue an appropriate writ, order or direction

directing the Respondents to exempt Foreign

Medical Graduates (who have obtained their

primary medical qualification from outside

India) from qualifying the Foreign Medical

Examination as a one-time measure for being

inducted as Doctors to aid the COVID-19

workforce of healthcare professionals; or in the

alternative

Foreign Medical Graduate Examination on 4^th

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h) Alternatively, Issue an appropriate writ, order

or direction suspending the requirement of

qualifying

the

Foreign

Medical

Graduate

Examination for all Foreign Medical Graduates

during the Covid 19 pandemic;

PRAYER FOR INTERIM RELIEF:

India who are a part of the workforce;”

(Emphasis supplied)

4. The appellant had also filed an application being I.A. No. 61956 of

2021 in SMW Petition (C) No. 03 of 2021, titled „In re: Distribution of

Essential Supplies and Services During Pandemic’before the Supreme

Court, inter alia, making the following prayers:-

“a) Allow the present application and direct the

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LPA 193/2021

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Foreign Medical Graduate Examination on 4^th

pandemic;”

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LPA 193/2021

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5. The abovementioned writ petition, that is, W.P.(C) 585 of 2021,

was listed before the Supreme Court on 01.06.2021, and was adjourned

to 15.06.2021. Immediately thereafter, the appellant filed the writ petition

in question, being W.P.(C) 5908 of 2021 before this Court, which was

listed before the learned Single Judge on 09.06.2021. In the present writ

petition, in relation to the writ petition and the application filed in the

suo-motu writ petition before the Supreme Court were concerned, the

following disclosure was made by the appellant:-

“j. On 12.05.2021 in the wake of Covid-19

country.”

6. The W.P. (C) 5908 of 2021 was listed before the learned Single

Judge on 09.06.2021, and was adjourned to 11.06.2021 f