1 2025:CGHC:30472 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(C) No. 3335 of 2025 1 - Dr Rakesh Kumar Ranjan S/o Rajendra Prasad Yadav Aged About 35 Years Currently Working As Senior Resident In D K S Supuer Specialty Hospital, Resident At Room No. 12, First Floor D K S Super Specialty Hospital, Ghadi Chowk, Raipur, District Raipur (C.G.) 2 - Dr Vrushab Vinay Rode S/o Dr Vinay Rode Aged About 31 Years R/o Room No. 10, First Floor D K S Super Specialty Hospital, Ghadi Chowk, Raipur, District Raipur (C.G.) 3 - Dr Shashank Nahar S/o Shri Sanjay Nahar Aged About 34 Years R/o 123 Malviya Nagar Bhopal, District Bhopal (M.P.) 462003 ... Petitioner(s) versus 1 - Union Of India Through Secretary, Health And Family Welfare Department, Raisina Hill, New Delhi, 110011. 2 - National Medical Commission (NMC) Through Chairman, National Medical Commission, Pocket-14, Sector-8, Dwarka, New Delhi-110077 3 - President Postgraduate Medical Education Board, National Medical Commission Pocket-14, Sector-8, Dwarka, New Delhi-110077 4 - Station Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 5 - Pt. J.N.M. Medical College Through Dean, Pt. J.N.M. Medical College, Jail Road Raipur, District Raipur (C.G.) VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.04 17:21:17 +0530 2 6 - Pt. Deendayal Upadhyay Memorial Health Sciences And Ayush University Of Chhattisgarh Through Registrar Pt. Deendayal Upadhyay Memorial Health Sciences And Ayush University Of Chhattisgarh, Atal Nagar, Sector 40 Raipur, District Raipur (C.G.) 7 - Chhattisgarh State Medical Council Through Registrar, Chhattisgarh State Medical Council, Near Nagar Nigam Ayurvedic Hospital, Raipur, District Raipur (C.G.). ---- Respondents For Petitioners : Mr. Pankaj Singh, Advocate For UoI/Respondent No.1 : Ms. Anmol Singh, CGC on behalf of Mr. Ramakant Mishra, DSGI For Respondents No.2 & 3 : Mr. Venketesh Pandey, Adv. appears on behalf of Mr. R.S. Marhas, Advocate For State-Respondent : Mr. Satish Gupta, Govt. Advocate For Respondent No.6 : Mr. Ajay Kumar Dwivedi, Advocate For Respondent No.7 : Dr. Sudeep Agrawal, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 04/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “I. That, the Hon'ble Court may be pleased to issue a writ of Mandamus, or any other appropriate writ, order or direction, directing the Respondent Post- 3 Graduate Medical Education Board and National Medical Commission to forthwith process and grant recognition to the M.Ch (Neurosurgery) course being conducted by Pt. J.N.M. Medical College, Raipur in accordance with the application already submitted and the inspections conducted; II. That, the Hon'ble Court may be pleased to issue a appropriate writ and declare that the failure of Respondent Post-Graduate Medical Education Board and National Medical Commissionto grant recognition to the M.Ch (Neurosurgery) course being conducted by Pt. J.N.M. Medical College, Raipur is contrary to the provisions of infringes law/rule, the fundamental/constitutional rights bestowed upon the Petitioners and handedness; and; amounts to arbitrariness/high handedness; and; III. That, the Hon'ble Court may be pleased to issue a Direction to the Respondents to issue appropriate notification/recognition order under Section 35 of the NMC Act, 2019, in favour of the Petitioners' qualification, i.e., M.Ch (Neurosurgery), thereby 4 enabling registration of the said qualification with the concerned medical council or registering authority; IV. That, the Hon'ble Court may be pleased to issue Direction to the Respondent authorities to grant/allow all benefits/privileges associated with the M.Ch (Neurosurgery) course to Petitioners as are available in law/rule; and V. That, the Hon'ble Court may be pleased to Pass an order directing the Respondent Post-Graduate Medical Education Board and National Medical Commissionto complete the assessment and recognition process for the course within a time-bound manner; VI. Any other relief, which this Hon'ble Court deems, fit in the facts and circumstances, may also be granted in favour of the petitioner.” 2. Learned counsel appearing for petitioners contended that the inaction on the part of the Respondents in not granting recognition to the M.Ch (Neurosurgery) course despite completion of all statutory formalities and inspections is arbitrary, unreasonable, and violative of the principles of natural justice. The Petitioners, having successfully completed their course in accordance with the 5 Letter of Permission dated 12.06.2019 and passed the final examination, are entitled to recognition of their qualification and subsequent registration for medical practice as per the provision of NMC Act 2020. He further contended that the delay in granting recognition is causing irreparable harm to the Petitioners' professional careers, rendering them unable to practice or register their qualification, thereby violating their rights under Articles 14 and 21 of the Constitution of India. He further contended that the Post-Graduate Medical Education Board under the NMC Act is statutorily bound under Section 35(3) of the NMC Act, 2019 to decide on an application for recognition of a medical qualification within six months, and the failure to do so amounts to statutory default. In this regard repeated representations and reminders made by the College, including letters dated 11.06.2024, 9.10.2024 and 29.01.2025, have not evoked any response, indicating non- application of mind and administrative apathy. The Petitioners are being deprived of the fruits of their academic efforts and financial investments without any fault on their part, merely due to inaction on the part of statutory authorities. 3. Learned counsel for the respective respondents submit that the concerned authorities are ready to consider and decide the representations of the petitioners or petitioners’ college, in accordance with rules and law. 6 4. I have heard learned counsel for the respective parties and perused record. 5. Considering the facts of the case and submission made by counsel for the respective respondents, further considering provisions of sub-section (3) of Section 35 of the National Medical Commission Act, 2019, which provides as under : “35(3). The Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be , shall examined the application for grant of recognition to a medical qualification within a period of six months in such manner as may be specified by the regulations.” 6. At this stage, this writ petition is disposed of directing to Respondents No.2 & 3 to consider and decide the Annexure P/4 of this petition expeditiously preferably within an outer limit of ‘90 days’ from today, in accordance with relevant rules, regulations and law. 7. It is made clear that this Court has not expressed any opinion on the merits of the case and the authorities shall not be prejudiced by any observation made by this Court and shall decide the case of the petitioners on its own merits. 7 8. With the aforesaid observations & directions, the writ petition stands disposed of. Certified copy as per rules Sd/- (Arvind Kumar Verma) Judge Vasant