Judicial Review of Arbitrary Conditions in Foreign Medical Graduate Exam Bulletins: Delhi High Court
Case title: Association of MD Physicians & ANR Vs Union of India & ORS.
Case no.: W.P.(C) 9028/2020
Dated on: 10th May 2024
Quorum: Justice Hon’ble Mr. Justice C. Hari Shankar
FACTS OF THE CASE
The arbitrary and onerous conditions set out at paragraph 5E(ii) that form a part of the First Impugned Bulletin dated 08.10.2020, titled, “Foreign Medical Graduate Exam Screening Test Information Bulletin December 2020 Session,” and the Second Impugned Bulletin Information Bulletin dated 16.04.2021, titled, “Foreign Medical Graduate Exam Screening Test Information Bulletin June 2021 Session”, published by the National Board of Examinations/ Respondent No. 03 detailing the relevant information for the conduct of the Foreign Medical. Issue an appropriate writ, order, or direction in the nature of a Writ of Mandamus, to the Respondent No.3 to ensure that the challenges/ onerous conditions sought to be quashed at Prayer “a” above do not form a part of any subsequent Information Bulletins issued by the National Board of Examinations/ Respondent No. 03 detailing the modalities of the conduct of the Foreign Medical Graduate Examination; and c) pass such further order(s) as may be deemed fit and proper in facts and circumstances of the present case, in the interest of justice.
CONTENTIONS OF THE APPELLANT:
Learned Counsel for the petitioners acknowledges that insofar as the prayer a) is concerned, with the passage of time, it has been rendered infructuous, as the challenge in the said prayer, is to condition which figure in the bulletin relating to Foreign Medical Graduate Examination Screening Test to be conducted in 2020-2021. He, however, presses prayer b), which seeks a writ of mandamus to Respondent 3/NBEMS to ensure that the similar conditions do not form part of any information bulletin.
LEGAL PROVISIONS
Article 226 of the Indian constitution 1950: Every High Court shall have the powers throughout the territories in relation to which it exercised jurisdiction to issue writ or orders to any person or authority.
COURT’S ANALYSIS AND JUDGEMENT
The Court cannot presume the contents of any subsequent bulletin. Needless to say, if any condition in a subsequent bulletin issued by the respondent is, according to the petitioners, legally unsustainable, the petitioners would be at liberty to challenge the said condition in accordance with law. With the above observations, this writ petition is disposed of. These applications do not survive for consideration and stand disposed of.
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Judgement Reviewed by – HARIRAGHAVA JP
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