Rajesh Arcot, v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Rajesh Arcot .. Petitioner in both WPs.

-vs1. Union of India, Through the Ministry of External Affairs, Rep. by Secretary, Jawaharlal Nehru Bhavan, Janpath Road, Rajpath Area, Central Secretariat, New Delhi 110 011.

2. Medical Council of India, Rep. by its Secretary, Pocket-14, Sector-8, Dwaraka, New Delhi 110 077.

.. Respondents in both WPs.

Prayer: Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus (i) (WP.15573/2017) - directing the respondents not to permit the doctors who have obtained the M.D. Degree in Philippines but have not completed the Physicians Licensure Examination (PLE) to undergo the Screening Test conducted in India for practising medicine; and (WP.No.15630/2017) - directing the respondents to forbid the Doctors between 2007 and 2014 who have not passed the Physicians Licensure Examination from practising medicine in the Republic of India without first passing the Physicians Licensure Examination.

For the Petitioner :

Mr.Sasank Iyer for Mr.Anirudh Krishnan For the Respondents :

Mr.G.Baskaran for R-1 :

M/s.Subharanjani Anandh Stdg. Counsel for R-2 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Sasank Iyer, learned counsel for the petitioner, Mr.G.Baskaran, learned counsel for respondent No.1 and M/s.Subharanjani Anandh, learned counsel for respondent No.2.

2. The learned counsel for the petitioner submits that subsequent to the filing of the writ petitions, a regulation is passed by the National Medical Commission on 18.11.2021, pursuant to which, a foreign medical graduate shall be granted permanent registration only if he is registered with the respective professional regulatory body competent to grant licence to practice medicine in the respective jurisdiction of the country in which the medical degree is awarded.

3. A memo is filed on behalf of the petitioner stating that now the petitioner does not want to prosecute the present writ petitions and wants to withdraw the writ petitions.

The writ petitions as such are dismissed as withdrawn. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 05.02.2024 Index : Yes/No : Yes/No sra To

1. The Secretary, Union of India, Ministry of External Affairs, Jawaharlal Nehru Bhavan, Janpath Road, Rajpath Area, Central Secretariat, New Delhi 110 011.

2. The Secretary, Medical Council of India, Pocket-14, Sector-8, Dwaraka, New Delhi 110 077.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) 05.02.2024