Uttarakhand High Court

WPMS/1241/2012 of ABHISHEK SHARMA Vs MEDICAL COUNCIL OF INDIA AND ORS on 31 December 2013

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of 2012 Hon’ble Sudhanshu Dhulia, J. Mr. Piyush Garg, Advocate, present for the petitioner. Mr. Paresh Tripathi, learned Additional Chief Standing Counsel, present for the State/respondent nos. 2, 3 and 5. Mr. Atul Bahuguna, Advocate, present for the respondent nos. 4. Mr. Parikshit Saini,

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WPMS No.1241 of 2012

Hon’ble Sudhanshu Dhulia, J.

Mr. Piyush Garg, Advocate, present for the petitioner.

Mr. Paresh Tripathi, learned Additional Chief Standing Counsel, present for the State/respondent nos. 2, 3 and 5.

Mr. Atul Bahuguna, Advocate, present for the respondent nos. 4.

Mr. Parikshit Saini, Advocate, present for the respondent nos. 1.

Petitioner was admitted for MBBS Course in the year 2010 in Veer Chandra Singh Garhwali Medical Science and Research Institute, Srinagar Garhwal. Subsequently, it was discovered that petitioner has not done intermediate in English and the petitioner was not permitted to appear in the 1[st] Year Examination.

Petitioner filed writ petition, which was dismissed. However, the Division Bench directed the petitioner to appear once again in Intermediate in English and subject to that the writ petition was restored and it now before this Court. Meanwhile, the Medical Council of India filed S.L.P. against the said order, which has been dismissed. By now the petitioner has also passed Intermediate Examination in English once again and has also appeared in MBBS.

In view of the above, writ petition succeeds. The respondents are directed to permit the petitioner to continue the course as presently there is no hindrances attached. Writ petition stands disposed of.

(Sudhanshu Dhulia, J.)

31.12.2013

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