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Synopsis

The Jammu & Kashmir and Ladakh High Court has quashed an  order passed by the Medical Council of India (MCI), denying permanent registration to a doctor who allegedly submitted Fake 10+2 Marksheet.

Justice Javed Iqbal Wani, while adjudicating the petition filed under Article 226 of the Constitution, stated that “it is manifest beyond any doubt that the petitioner is eligible for grant of registration, irrespective of the fact as to whether the petitioner was ineligible for registration or not at the time when he filed the application in view of him having obtained 294/600 (49%) marks in 10+2 examination from the respondent Board.”

The petitioner's case revolved around a series of events stemming from his pursuit of permanent registration as a medical practitioner. Having successfully completed his Class 12th examination, the petitioner pursued his MBBS course in Ukraine, culminating in his graduation from the State Medical University of Lugansk in June 2000. Following this, he obtained provisional registration from the Medical Council of India, in accordance with the provisions of the Medical Council Act, 1956. Upon completing a rotatory internship at Government Medical College Srinagar, the petitioner proceeded to apply for permanent registration under the same Act. However, despite submitting all requisite documents, he encountered a protracted delay in receiving any communication regarding the status of his application from the MCI.

The petitioner, due to the long delay in the process, visited the MCI office, seeking clarity on his case. However, he was allegedly directed to a clerk who demanded a bribe of Rs. 50,000 from the petitioner to expedite his case.

Subsequently, the petitioner filed a petition before the Court in 2009, prompting a response from the MCI. The response alleged that the petitioner had submitted a fake 10+2 pass certificate issued by the Bihar Intermediate Education Council, Patna. Consequently, his provisional registration certificate was canceled, and a case/FIR was registered against him.

The petitioner also filed a review petition in 2021, following the transition from the MCI to the National Medical Commission (NMC). The NMC, via an order dated January 04, 2022 followed by communication on May 07, 2022, rejected the petitioner's request for permanent registration, thereby annulling and revoking his provisional registration as well.

The petitioner, represented by Advocate Hakim Suhail Ishtiaq, vehemently denied the submission of fake certificates to the Medical Council of India (MCI). The petitioner, having passed his Class 12th examination from the Jammu and Kashmir State Board of School Education, insisted that his application for registration was solely based on the authentic documents he possessed. His declaration form submitted to the MCI post his rotatory internship also attested to this fact. Furthermore, it was highlighted that the petitioner even successfully passed the screening test conducted by the NMC in December 2022, further reinforcing his eligibility for registration.

Drawing attention to the response filed by the NMC, the petitioner's counsel contended that the annexed application form did not reflect any submission based on the Bihar Intermediate Education Council, Patna certificate. Moreover, the NMC failed to substantiate any claims of filing a First Information Report (FIR) against the petitioner.

The court while considering the key question : “whether the NMC was justified in rejecting the application of the petitioner for accord of permanent registration inasmuch as to cancel/withdraw the provisional registration accorded earlier in his favour,” sided with the contention of the petitioner. The court noted “it would neither be within the domain of this Court nor will this Court venture into the controversy as to how the said alleged fake certificate of Bihar Board came on the records of respondent 1(NMC) herein.”

The Court further deliberated on the core principles of natural justice enshrined in the Constitution. It noted the absence of evidence regarding the petitioner being issued a notice or afforded an opportunity of hearing before the impugned orders were issued. Such procedural lapses, the Court concluded were “violative of the principle of natural justice owing its origin to Article 14 of the Constitution.”

Placing reliance on the judgment of the Apex Court in the “Indian Doctors from Russia Welfare Association” case, endorsing guidelines facilitating registration for doctors who completed their MBBS degree before March 15, 2001, the court noted the petitioner's eligibility despite obtaining a modest percentage i.e.294/600 (49%) marks in his Class 12th examination, the Court underscored the imperative of granting him the relief sought.

Acknowledging that the petitioner completed his degree in 2000 and has been litigating for over a decade, the court passed the following directives:

1. “By issuance of a writ of Certiorari, the impugned order dated 04.01.2022 as also the impugned communication dated 07.05.2002 are quashed.
2. By issuance of a writ of Mandamus, the respondent 1 NMC is commanded to effectively consider the case of the petitioner for grant of permanent registration in terms of the provisions of the Act of 1956 which was in force at the time the petitioner submitted his application, as expeditiously as possible preferable within a period of 8 weeks from the date a copy of this order is served by the petitioner upon respondent 1 and in the said process shall also offer an opportunity of hearing to the petitioner.”

With the above mentioned directions, the petition was disposed of.

The NMC was represented by Deputy Solicitor General of India T. M. Shamsi along with Advocates Zeenaz Basharat, Shagufta Maqbool, and M. I. Dar.

 

Cause Title: Mohammad Shafi Wani v National Medical Commission [WP(C) No. 2492/2022]