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Patna High CourtCWJC/437/2020disposed

Dr. Anuranjita Parasar v. The Union Of India

2021-03-04Mr. Justice Vikash Jain4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.437 of 2020 ====================================================== Dr. Anuranjita Parasar Daughter of Sanjay Kumar Singh, Wife of Dr. Prashant Kumar Singh, Resident of Flat No. -5B, Naman Villa Apartment, Road No2A, Opposite Laddoo Gopal Sweet, New Patliputra Colony, Patliputra Colony, P.S.-Patliputra, District-Patna.

... ... Petitioner/s

Versus

1.

The Union of India through Secretary, Health, Ministry of Health and Family Welfare, Government of India, Nirman Bhawan, Maulana Azad Road, New Delhi-110011.

2.

The Secretary, Ministry of Health and Family Welfare, Government of India, Nirman Bhawan, Maulana Azad Road, New Delhi-110011. 3.

The Medical Council of India through Secretary, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi-110077.

4.

The Secretary, The Medical Council of India, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi-110077.

5.

The Board of Governors in Supersession of Medical Council of India through its Chairman, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi110077. 6.

The Chairman, The Board of Governors in Supersession of Medical Council of India, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi-110077. 7.

The Secretary General, The Board of Governors in Supersession of Medical Council of India, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi-110077. 8.

The National Board of Examination through its Director, Medical Enclave, Ansari Nagar, Ring Road, New Delhi-110029.

9.

The State of Jharkhand Through the Chief Secretary, Government of Jharkhand, Ranchi.

10.

The Secretary Department of Health, Government of Jharkhand, Ranchi. 11.

The MGM Medical College/ Hospital Jamshedpur, Jharkhand. 12.

Kolhan University Chaibasa, Jharkhand.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagjit Roshan, Advocate For the State of Jharkhand Mr. Dev Kumar Pandey, Advocate For the MCI/NMC Mr. Kumar Brijnandan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 04-03-2021 Heard learned counsel for the petitioner and learned

2/4 counsel for the respondents.

2. The following reliefs as formulated by the petitioner have been claimed in the writ petition-- "(i) Issuance of writ or writs in the nature of mandamus directing the Respondents especially Respondent No 3 to 7 to provide A.Q.R.C. (Additional Qualification Registration Certificate) as demanded by the National Board of Examination (Respondent No. 8) for the Post Graduate Diploma in Gynaecology & Obstetrics (D.G.O.) completed by the petitioner in the Sessions 2015-17 from M.G.M. Medical College, Jamshedpur before 10.01.2020, so, that the result of the petitioner may be declared and may take Admission in Post Graduate (Secondary) DNB Courses, 2020.

(ii) Issuance of writ or writs in the nature of mandamus directing the Respondents especially National Board of Examination (NBE) to provisionally allow the petitioner and declare the result of the petitioner for Diplomate of National Board (DNB) for Post Diploma Centralized Entrance Test (PDCET) for Admission to Post Graduate (Secondary) Courses, 2020.

(iii) Issuance of writ or writs in the

3/4 nature of mandamus directing the Respondents to allow the petitioner for counseling and also to accept the admission of the petitioner in the Post Graduate DNB (Secondary) Courses if the petitioner is a successful candidate.

(iv) And further to stay the process of admission as well as stay the declaration of result for Diplomate of National Board (DNB) for Post Diploma Centralized Entrance Test (PDCET) for admission to Post Graduate (Secondary) Courses, 2020 till the adjudication of the case.

(V) Grant any other relief or reliefs to which the petitioner may found entitled to in the facts and circumstances of this case."

3. Learned counsel for the petitioner, the National Medical Commission (Medical Council of India) as well as the State of Jharkhand unanimously state that the grievances of the petitioner now stands redressed during the pendency of the writ petition inasmuch as her Post Graduate Diploma in Gynaecology & Obstetrics (D.G.O.) has now been recognized with retrospective effect. A downloaded copy of the relevant notification has been supplied by learned counsel for the

4/4 National Medical Commission, which is placed on record.

4. In the above view of the matter, the writ petition stands disposed of.

(Vikash Jain, J) HR/- AFR/NAFR NAFR CAV DATE - Uploading Date

05. 03.2021 Transmission Date -