FMGE 2021: Delhi HC issues notice in plea against costs imposed to Postpone Exam

The Delhi High Court today issued notice on the appeal filed by Association of MD Physicians against the cost imposed  and observations made by the Single Judge bench in the plea seeking postponement of Foreign Medical Graduates Examination (FMGE) 2021.

The Division bench comprising Chef Justice DN Patel and Justice Jyoti Singh agreed to issue notice in the plea on the condition that the petitioner would deposit the cost of Rs 25000 imposed by the single judge bench within a period of 2 weeks.

The Single Judge bench of Justice Amit Bansal while dismissing the petition had observed “In the present case, I have no doubt in my mind that the petitioner Association did not come clean with regard to the prior petition filed before the Supreme Court and has indulged in forum shopping. Timing of filing of the present petition also leaves one in no doubt that the petitioner Association has indulged in forum shopping and is, therefore not entitled to invoke the equitable writ jurisdiction of this Court under Article 226 of the Constitution of India.”

“I find substance in the submission of the respondents that the petitioner Association has not been honest in its disclosure in the present petition with regard to the petition filed by it before the Supreme Court. In light of the prayers made before the Supreme Court in W.P.(C) No.585/2021, the petitioner Association should have clearly disclosed in the present petition the reliefs sought before the Supreme Court.”

“A reading of the prayers made before the Supreme Court, clearly brings out that the petitioner had sought exemption/suspension from the requirement of qualifying the FMGE- June, 2021 during the COVID-19 pandemic, which essentially amounts to the relief sought in the present petition of postponing the said Examination. Having not succeeded in getting any interim relief before the Supreme Court on 1 st June, 2021, the present petition was filed before this Court on 6 th June, 2021.”

Justice Bansal had also imposed a cost of Rs 25000 on the petitioner Association.

The Association has filed an appeal against the adverse observations made by Justice Bansal in the order and also against the cost imposed on the Association.

 

Case Title: Association of MD Physicians vs National Board of Examination and Ors