AJIT KUMAR vs THE UNION OF INDIA AND ANR

This appeal is directed against an order of the learned Single Judge rejecting a writ petition preferred under Article 226 of the Constitution of

India. The writ petitioner (i.e. the present appellant) sought a direction for quashing of a decision of the Medical Council of India (MCI) and the

quashing of a First Information Report (FIR).

The facts, briefly, are that the petitioner claims to have studied in the Tver State Medical Academy for the period 1993-99 and based upon a

certificate issued by that institution (on 24.06.1999), approached the MCI, having regard to the extant Regulations, for registration in accordance

with its then existing policy. The MCI, considered the material on record, including an application (of 24.06.1999) which claimed that the appellant

had studied from Tver State Medical Academy. The appellant had also applied again on 07.09.2001 reiterating that he had undergone the medical

course in the Tver State Medical Academy. As was necessary, the MCI sought verification through the Indian Embassy, to which the response

was received from the Tver State Medical Academy at Page 21 (on 27.11.2006) that only one student i.e. Ajit Kumar had passed out of the

Academy in 1999 (whose Registration number was 353 and the Diploma number issued to him was 0004065). The MCI issued notice to show

cause why the registration ought not to be withdrawn, to which the appellant responded stating that he was badly harassed by the education mafia

and faculty members, and that finally the Director of the Academy lured him to appear for the final exams. The reply of 28.09.2007 nowhere

claimed that the appellant had ever studied or undergone any other medical course in any other institution. Based upon the reply which was

deemed unsatisfactory, the MCI cancelled the provisional registration and thereafter lodged a First Information Report (FIR), on 19.12.2008. The

investigation culminated in a final report and a charge sheet was filed before the Competent Court; cognizance was taken on 13.11.2014.

It is urged that the Single Judge fell into error in not noticing that the appellant was a victim of the education mafia at Russia. Learned counsel

appearing on behalf of the appellant stressed that, in fact, the application made with respect to completion of the Medical course at Tver State

Medical Academy was wrong and the reference ought to have been to Moscow State University. It was submitted that to cater to the needs of

students who went to the erstwhile USSR at a troubled time and underwent various medical courses at different institutions, in the Supreme Court

judgment reported as Medical Council of India v. Indian Doctors from Russia Welfare Asso. & Ors. (2002) 3 SCC 696, the provision for

registration, subject to verification, was made. The petitioner had undergone the necessary course, as is evident from the course content in the form

of the subjects he studied and the list of books and curriculum prescribed.

The material on record discloses that both the applications made to the MCI by the appellant claimed that the petitioner had studied at the Tver

State Medical Academy. There are contradictory claims as to why the petitioner/appellant had to return - on the one hand, he claimed to be a

victim of the education mafia and was served a show cause notice; significantly (in that letter in reply to the MCI), no claim with respect to having

undergone the course in any Academy other than the Tver State Medical Academy was made, the second explanation was that the petitioner had

suffered some medical illness and therefore had to return hastily. In this regard, reliance is placed upon a letter / communication addressed to a

Russian individual and a reply thereto placed on the record. These materials were not part of the original record - they are extracts of e-mails

exchanged on 07.08.2015 between the petitioner and Viktor Lykov. The e-mail communication and response by Mr. Lykov indicates that the

petitioner wished to hold himself out as a candidate in an election.

Having regard to all the materials on the record, this Court is of the opinion that the impugned judgment cannot be faulted. No claim was made

nor was any material placed on record to substantiate that the petitioner had studied in any University or institution recognized by the MCI, in any

medical course. The only claim he made in both applications successively filed in 1991 and 2001 was that he underwent a course in Tver State

Medical Academy - that claim was utterly unfounded, even false, for which he is facing prosecution. In these circumstances, there can be no doubt

that the claim for registration was meritless and based upon false material. Therefore, the rejection of the writ petition was entirely justified and

imposition of the cost was justified.

The appeal is consequently dismissed; the appellant shall pay costs quantified at Rs.50,000/- to the respondents. All the pending applications also

stand disposed of accordingly.