Civil Writ Petition No. 24392 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Writ Petition No. 24392 of 2012

Date of decision : 21.12.2012

Sahil Lal

.....Petitioner

VERSUS

Medical Council of India and others

....Respondents

CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

Present:

Mr. Balram Gupta, Senior Advocate with

Mr. Vijay Saini, Advocate

for the petitioner.

Mr. Vishal Sharma, Advocate for

Mr. Deepak Sibal, Advocate

for MCI.

Mr. Ramesh Hooda, Advocate

for respondents No. 2 and 3.

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RANJIT SINGH, J.

The petitioner is young boy, who is studying in the MBBS

course at Pandit B.D. Sharma University of Health Sciences, Rohtak.

He has approached this Court through the present writ petition

praying for direction to quash communication dated 22.11.2012,

Annexure P-4 and for directing respondents No. 2 and 3 to issue

requisite 'No Objection Certificate' for migration of the petitioner.

The petitioner was admitted to the course in August 2011.

First Professional Examination was conducted in the College in

Civil Writ Petition No. 24392 of 2012

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August 2012. The result of the First Professional Examination was

declared on 13.09.2012. The petitioner was declared pass. The

petitioner complains that he is threatened with false allegations of

use of unfair means, which as per the petitioner are made due to

personal vendetta of certain faculty members working with

respondent No. 3/college.

The petitioner claims to be a son of renowned doctor, who

has been decorated with Presidential Awards. Due to the allegations

made, the petitioner has suffered a mental agony and has become

patient of Stress Disorder. In fact, the petitioner is diagnosed by the

doctor to be suffering from Acute Stress Disorder. The doctors have,

accordingly, advised change of academic environment for the

petitioner. The medical record in this regard is annexed with the

petition.

Certificate, Annexure P-1, is issued by Fortis Hospital,

Noida, which shows that Detailed Clinical Examination, Mental Status

Examination of the petitioner was done. The findings were suggestive

of Acute Stress Disorder. The petitioner has been put on regular

medication and psychological counselling, to help him to deal with

stress.

Yet another certificate is placed on record from Dr. Ram

Manohar Lohia Hospital, New Delhi in which it is recommended that

the petitioner requires immediate change in academic environment to

prevent serious threat to his mental and physical health as well as

threat of self or others' injuries. The petitioner pleads that the

atmosphere at the respondent-college is not conducive for his stay at

Civil Writ Petition No. 24392 of 2012

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the college and he needs change for sake of his well being.

On the basis of medical report and his health condition,

the petitioner applied for migration by submitting an application on

09.11.2012 before respondents No. 2 and 3. The said application has

been made on prescribed proforma and is accompanied by requisite

fee. Respondent No. 1, MCI requires 'No Objection Certificate' from

the receiving as well as relieving colleges and the respective

Universities. This fact is evident from the communication, Annexure

1A, which is intimation given to the petitioner that he has to obtain

'No Objection Certificate' from both the medical colleges/Universities

(relieving/receiving) the candidate. The petitioner applied for 'No

Objection Certificate' from Dr. D.Y. Patial Medical College, Hospital

and Research Centre, Pimri, Pune, where he intends to migrate. The

said College has given 'No Objection Certificate'. Copy of which is

annexed as Annexure P-2.

Respondents No. 2 and 3 are relieving University and

College respectively. The