In a recent judgement, the Delhi High Court addressed the plea for conditional permanent registration as a medical practitioner amidst an ongoing impersonation case. The case involves serious allegations against the individual seeking registration. Let’s delve into the details of this decision by the court.
Facts
- The Petitioner completed his medical education in Russia at Tver State Medical Academy in 2005.
- A FIR was registered against impersonators in an exam conducted at Kendriya Vidayalaya, JNU campus, New Delhi.
- The Petitioner was not initially accused in the FIR, but later investigations implicated him as one of the candidates using impersonators.
- The FIR listed offences under Section 419, 420, 468, 471, 120B IPC.
- The Petitioner approached the court seeking conditional permanent registration as a doctor despite the pending criminal case.
- The National Board of Examinations (NBE) stated that the Petitioner can retake the examination to clear any suspicions.
- The diploma for ‘General Medicine- Doctor of Medicine’ was granted to the Petitioner by Tver State Medical Academy in Russia.
- The case is ongoing, charges have not been framed yet.
Arguments
- The Petitioner relied on a previous judgment where provisional registration was granted pending document verification.
- The Petitioner is accused of a serious offence of impersonation in the FMGE examination.
- The Petitioner’s involvement in a criminal case makes it uncertain whether they took the NBE exam, a requirement for registration as a medical practitioner in India.
- The Petitioner cannot be registered as a doctor until acquitted in the ongoing criminal case.
Analysis
- Provisional registration to the Petitioner as a medical practitioner is not to be granted
- This decision is made in light of a pending criminal case against the Petitioner
- It is important to consider the seriousness of the criminal case before granting any registration
Decision
- Plea of the Petitioner cannot be granted
- Writ petition is dismissed along with any pending applications
Case Title: DR ARUN KUMAR SONI Vs. MEDICAL COUNCIL OF INDIA & ANR. (2024:DHC:3919)
Case Number: W.P.(C)-6489/2021
