ABDUL ROUF BHAT Vs. STATE OF J AND K

JUDGEMENT

(1.) The petitioners, aggrieved of inaction on the part of the respondents in not enrolling and registering them as Medical Practitioners/Doctors, filed the above titled Writ Petitions, seeking inter-alia writs of mandamus directing the respondents to declare the result of the petitioners of the FMGE Screening Test and writs of mandamus directing respondent-Medical Council of India to issue Eligibility Certificate and enroll the petitioners as Medical Practitioners/Doctors and grant registration as Medical Practitioners/Doctors as same shall be in the interest of justice.

(2.) During the course of pendency of the above titled petitions, this Court directed the respondents to produce the result of the Screening Test of the petitioners. In compliance thereto the result was produced in a sealed cover, which on opening was found that both the petitioners have made the grade. With this, the grievance of the petitioners that the respondents are not declaring their result of the Screening Test, is redressed. Now, the only relief of the petitioners required to be addressed is seeking directions, to issue Eligibility Certificates in favour of the petitioners and to enroll and register them as Medical Practitioners/Doctors and grant registration as Medical Practitioner/Doctor.

(3.) Petitioners after passing of 12th Class Examination in order to proceed to Kazakhstan for further studies in the year 2002, applied for Immigration seal on Passports for undergoing MBBS Course in Kazakhstan. The concerned department was allowing the students to go for MBBS Course to outside countries up to March 2003, but after March 2003 the Immigration Department stopped to give clearance to such students when they were asked to do so by the Medical Council of India in terms of a notification issued in March 2002, vide which a candidate was required to obtain Eligibility Certificate from MCI for admission to MBBS course outside country and after returning therefrom, such candidate was to appear and qualify in a Screening Test for getting registered as a Medical Practitioner in India.