Ex Major Rohit Shivhare vs Medical Council Of India & Ors. on 27 May, 2016

1. The petitioner in W.P.(C) No.4249/2016 is the appellant before us.

2. The appellant/writ petitioner is a Medical Graduate and served in
Army during 2009-2016 as Short Commissioned Officer-Doctor. Having
appeared for All India Post Graduate Medical Entrance Exam, 2016 held by
the National Board of Examinations for admission at institutions of the
Armed Forces Medical Services (AFMS), he secured 12th Rank in the Merit
List for Priority IV. In the online counselling held on 08.04.2016 for
Priority IV, he opted for admission in “General Medicine” in Army Hospital
(R&R) Delhi Cantt. By letter dated 13.04.2016, the appellant/petitioner was

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informed that he has been provisionally selected as per his merit-cum-choice
for admission to pursue post-graduate course in “General Medicine” (Army
Hospital (R&R) Delhi Cantt.) and he was asked to report at the allotted
institution. Later, by letter dated 19.04.2016, the appellant/petitioner was
asked to give an undertaking admitting that the seat allotted to him was
against ‘recommended for increased intake seat’ and that he will not hold the
institute responsible in case of adverse decision by MCI for recognition of
the seat. In the said letter, it was explained that the inspection for the
recommended seats has been carried out by MCI and compliance report is
being submitted by the Hospital on the observations made by MCI.

Source: Indian Kanoon

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