In a significant ruling, the Jammu & Kashmir and Ladakh High Court has quashed an order by the Medical Council of India (MCI) that denied permanent registration to a doctor accused of submitting a fake 10+2 marksheet. Justice Javed Iqbal Wani, presiding over the case, highlighted that the petitioner, despite the allegations, was eligible for registration based on his educational qualifications.
The petitioner, a medical graduate from the State Medical University of Lugansk in Ukraine, had completed his MBBS in June 2000. After receiving provisional registration from the MCI and completing a rotatory internship at Government Medical College Srinagar, he applied for permanent registration. However, he faced a long delay and eventual rejection, with the MCI alleging that he had submitted a counterfeit marksheet from the Bihar Intermediate Education Council, Patna.
The petitioner vehemently denied these allegations, asserting that he had completed his Class 12th from the Jammu and Kashmir State Board of School Education. He argued that his application for registration was based on genuine documents. His legal representative, Advocate Hakim Suhail Ishtiaq, emphasized that the petitioner had successfully passed the National Medical Commission (NMC) screening test in December 2022, further validating his eligibility.
During the proceedings, the petitioner’s counsel pointed out the lack of evidence supporting the MCI’s claims. The NMC failed to provide proof of any First Information Report (FIR) against the petitioner regarding the alleged fake certificate. Moreover, the NMC’s own response did not indicate any submission of a Bihar Board certificate.
The High Court scrutinized whether the NMC was justified in rejecting the petitioner’s application and revoking his provisional registration. The court determined that the process followed by the MCI and NMC lacked adherence to the principles of natural justice. The petitioner had not been issued a notice or given a hearing opportunity before the impugned orders were issued, a violation of Article 14 of the Constitution.
The court referenced the Supreme Court’s guidelines in the “Indian Doctors from Russia Welfare Association” case, which supports registration for doctors who completed their MBBS before March 15, 2001. Given the petitioner’s completion of his degree in 2000 and his prolonged litigation, the court emphasized the necessity of granting him the requested relief.
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The court’s directives were clear: the impugned orders dated January 4, 2022, and the subsequent communication on May 7, 2022, were quashed. The NMC was instructed to reconsider the petitioner’s case for permanent registration under the provisions of the Medical Council Act, 1956, which was applicable when he initially applied. Additionally, the NMC was ordered to offer the petitioner a hearing within eight weeks from the date the court’s order is served.
This ruling underscores the judiciary’s role in ensuring that regulatory bodies adhere to due process and uphold the principles of natural justice. The petitioner’s decade-long battle for recognition has reached a pivotal resolution, reaffirming his qualifications and eligibility as a medical practitioner.
