- (1.) In spite of service nobody appears for the Opposite Party No.2.
(2.) The petitioner no. 1 is the President of Association of Minimal Access Surgeons of India ( hereinafter referred to as AMASI). The petitioner nos. 2 and 3 are the members of the said association. They had been arrayed as accused persons in the instant case instituted by the Opposite Party No. 2 on the allegation that the Opposite Party No. 2 who is a registered medical practitioner having MBBS and M. S. degree became a life member of the petitioners ' association. In order to enhance his qualification, he took a fellowship examination conducted by the said Association after depositing a sum of Rs. 1200/ -. He was informed that he had qualified in the said examination.However, no certificate was issued in his favour. Accordingly he prayed for issuance of process against the petitioner. Process has been issued against the petitioners under Section 420, 406 and 120B of the Indian Penal Code. Mr. Mukherjee, learned counsel appearing for the petitioner submitted that the condition precedent for issuance of certificate was that the petitioner must possess Masters Degree in Surgery. He further submitted that although the petitioner possessed a Masters Degree in 3 Anatomy he did not have the requisite post -graduate degree so as to entitle him to a certificate in terms of the rules of the petitioner 's concern. In this regard Mr. Mukherjee referred to Rule 3.2 of the Rules & Regulations of AMASI. Mr. Mukherjee has relied on certain documents from the bar in support of his contention, but I have not considered them inasmuch as they are not a part of the records. He accordingly prayed for quashing of the proceeding.
(3.) I have considered the materials on record. I find that in the instant case the opposite party no. 2 / complainant had merely alleged that he had qualified in the examination but in spite of being successful has not been issued a certificate.;