Dr. Gurparkash Singh vs Medical Council of India and Others

Rameshwar Singh Malik, J.—Feeling aggrieved against the alleged inaction on the part of respondent-authorities, petitioner has approached this Court by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of mandamus. Learned counsel for the petitioner, on the instructions from the petitioner, who is present in Court, submits that at this point of time, he is not pressing this petition for admission to the course of D.M. Neurology. His limited prayer is only for a direction to the respondent-authorities to consider the self-contained legal notice dated 25.4.2011 (Annexure P-4) and pass the appropriate order thereon, in accordance with law. He further submits that petitioner may also be granted an opportunity to supplement his legal notice dated 25.4.2011 (Annexure P-4) by submitting additional material available with him to substantiate his stand taken before the authorities.

Learned counsel for the respondents fairly states that he is not averse to the proposal put by the learned counsel for the petitioner. However, he submits that as per existing regulations, petitioner is not entitled for admission to the D.M. Neurology.

In view of the statements made by the learned counsel for the parties and without expressing any opinion on the merits of the case, Medical Council of India, Pocket 14, Sector-8, Dwarka, New Delhi through its Registrar-respondent No. 1, is directed to consider the legal notice dated 25.4.2011 (Annexure P-4), already submitted by the petitioner. Petitioner shall also be permitted to supplement his legal notice dated 25.4.2011 (Annexure P-4) by placing additional material before respondent No. 1, in support of his claim, but within a period of two weeks from today. Before taking a final decision in this regard, respondent No. 1 shall also grant an opportunity of being heard to the petitioner. Respondent No. 1 shall consider the grievance of the petitioner dispassionately and expeditiously, by passing an appropriate order, in accordance with law at an early date and in any case within a period of eight weeks from the date of receipt of additional material from the petitioner. With the observations made above, the present petition stands disposed of.