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Col. IVS Gahlot v. Union of India & Ors.

It is not in dispute that the appellant possessed PH.D. degree in Anthropological Science which he obtained from the Rampur University.

(A.K. Sikri and Ashok Bhushan, JJ.)

Col. IVS Gahlot _________________________________ Appellant

v.

Union of India & Ors. __________________________ Respondent(s)

Civil Appeal D.No(s). 34810/2015, decided on April 6, 2018

(For on IA 1/2015)

The Order of the court was delivered by

Order

1. It is not in dispute that the appellant possessed PH.D. degree in Anthropological Science which he obtained from the Rampur University. It is also not in dispute that the Rampur University is duly recognized by the Medical Council of India. However, the respondents have not taken into consideration the aforesaid degree only on the ground that it is not recognized by the Medical Council of India. Insofar as this aspect is concerned, Mr. Yashank Adhyaru, learned senior counsel appearing for the appellant, has produced before us a copy of the letter dated 15th December, 2017 addressed by the Government of India, Ministry of Health & Family Welfare to the Director (Medical), Central Org ECHS, Delhi Cantt. Along with this letter MCI’s communication dated 7th December, 2017 is annexed wherein MCI has stated that recognition of PH.D degree does not come under the purview of Medical Council of India. On the basis of this letter, contention of the learned senior counsel is that so long as the Rampur University is recognized by the MCI, that would be sufficient to recognize the degree possessed by the appellant by the MCI.

2. Mr. A.K. Sanghi, learned senior counsel appearing for Union of India submits to take instructions in the matter and file an affidavit, if required, explaining its stand.

3. Let the needful be done within two weeks.

4. List the matter after two weeks.

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