DR HIMANSHU DWIVEDI vs. NATIONAL MEDICAL COMMISSION

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10TH DAY OF NOVEMBER, 2021

PRESENT

THE HON'BLE MR. JUSTICE ALOK ARADHE AND THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.13305 OF 2020 (EDN-MED-ADM) BETWEEN:

DR.HIMANSHU DWIVEDI S/O OM PRAKASH DWIVEDI AGED ABOUT 29 YEARS

PERMANENT ADDRESS: S-8/109, R.D.KHAJURI M.A.ROAD, NEAR INCOME TAX OFFICE VARANASI-221 002 UTTAR PRADESH.

…PETITIONER [BY SRI.K.SHASHI KIRAN SHETTY, SR.COUNSEL FOR SRI.TAKUR RISHABHA RAJ, ADVOCATE(PH)]

AND:

(EARLIER KNOWN AS MEDICAL COUNCIL OF INDIA/MCI) THROUGH ITS SECRETARY POCKET 14, SECTOR-9 DWARKA, NEW DELHI-110 077.

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 08.11.2017 VIDE ANNEXURE-X AND 16.01.2019 OF R-1 ANNEXURE-JJ COMMUNICATION DATED 17.03.2017 ISSUED BY THE R-3 VIDE ANNEXURE-R AND OFFICE MEMO DATED 27.07.2017 VIDE ANNEXURE-S AND 23.1.2019 (DISCHARGE LETTER) VIDE ANNEXURE-KK ISSUED BY THE R-2/COLLEGE INTER ALIA BY PLACING ON RECORD COGENT EVIDENCE (WHICH HAVE NOW COME IN THE POSSESSION OF THE PETITIONER) TO SHOW AND PROVE THAT PETITIONER WAS ADMITTED IN NRI/MANAGEMENT QUOTA UNDER WHICH THERE WEAS NO REQUIREMENT OF SUBMISSION OF RANK CARD (WHICH WAS THE SOLE BASIS OF DISMISSAL OF W.P.NO.1636/2018) AND ALSO THAT R- 2/COLLEGE HAD ACTED ILLEGALLY/NEGLIGENT AND ARBITRARILY IN CONVERTING THE ADMISSION OF PETITIONER FORM NRI QUOTA TO MANAGEMENT QUOTA/CATEGORY FOR THEIR WRONGFUL AND ILLEGAL GAIN

3 AND AT THE SAME TIME RUINING AND SPOILING THE LIFE AND CAREER OR PETITIONER BY FORWARDING WRONG AND INCORRECT INFORMATION RELATED TO PETITIONER TO R-1 AND ETC.,

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING:

ORDER

This writ petition has been filed by the petitioner seeking the following reliefs: "a. To issue Writ of certiorari to quash the Letter bearing No.MCI-23(1)(MC)/2016/M- P/52975-152981 dated 08.11.2017 vide Annexure-X and 16.01.2019 bearing letter No.MCI23(1) (MC) 2016/164305 of Respondent No.1 vide Annexure-JJ, Communication bearing No.AC2-Adm/PG- Med/2016-17/M005 dated 17.03.2017 issued by Respondent No.3 vide Annexure- R and Office Memo bearing No.KIMS/838(A)/2017-18 dated 27.07.2017 vide Annexure-S and 23.01.2019 (Discharge Letters) bearing No.KIMS/1960/2018-19 vide Annexure-KK issued by the Respondent No.2/College inter alia by placing on record cogent evidence (which have now come in the possession of the Petitioner) to show and prove that Petitioner was admitted in NRI/Management Quota, under which there was no requirement of submission of "Rank

4 Card"(which was the sole basis of dismissal of W.P.No.1636/2018) and also that Respondent No.2/College had acted illegally/negligently and arbitrarily in converting the admission of Petitioner from NRI Quota to Management Quota/Category for their and illegal gain and at the same time ruining and spoiling the life and career of Petitioner by forwarding wrong and incorrect information related to petitioner to Respondent No.1. And/or

b. To issue a writ in the nature of Mandamus directing the Respondent No.1MNC/MCI to reconsider the admission of the Petitioner by virtue of the Request Letter Dated 13.08.2019 issued by the Petitioner in view of M.D. General Medicine seat of the said student (Mr.Adeep S., admitted to the M.D. - General Medicine seat by the Respondent No.2 for the academic year 2016-17 under the NRI Quota; has unfortunately: before completion of the course; passed away in the month of October-2018) under the NRI Category has fallen vacant.

c. Issue a writ in the nature of Mandamus directing Medical Council of India/ Respondent No.1 and Respondent No.3 to approve the admission of petitioner under NRI/management quota in view of new facts and changed circumstances i.e., One Clinical Seat each (under NRI/Management Quota) vacant for academic year 2016-17 and 2017-18 (as per Letter dated 03.09.2018 of the Respondent No.2) and

5 therefore Petitioner case can be reconsider for admission to MS Ortho and continue / pursue his remaining course under the NRI Quota for academic year 2016-17 in view of terms of Consensual agreement.

d. Issue a writ in the nature of Mandamus directing Medical Council of India/ Respondent No.1 to decide in favour of petitioner in consideration of letter dated 13.08.2019; and in that behalf

e. Pass such other order/s as this Hon'ble Court deems fit and necessary in the facts circumstances of the present case."

6 dated 09.03.2018 which is reproduced below for the facility of reference: 18. For the reasons stated, it is held that the second and third respondents have rightly refused to approve the petitioner's admission with the first respondent for the Post Graduation in MS Orthopedics for the Academic Year 2016-17 as the petitioner did not qualify in the entrance examination and failed to submit 'Rank Card', and the petition is therefore rejected.

It is also not in dispute that the aforesaid order passed by the Division Bench of this Court was challenged in Special Leave Petition No.9133/2018 before the Hon'ble Supreme Court. And the same was dismissed by order dated 16.04.2018.

7 03.09.2018. The aforesaid writ petition was dismissed. The relevant portion of the order reads as under: "Learned counsel for respondent No.2 submitted that the prayer in the writ petition has become infructuous. The submission of the learned counsel is placed on record. In view of the submission made by the learned counsel, the writ petition is dismissed as having become infructuous."

Sd/- JUDGE

Sd/- JUDGE