JUDGMENT
N.G. Nandi, J.
(1) In this petition under Sections 11 and 12 of the Contempt of Courts Act, 1971, the petitioner has been alleging wilful disobedience of the orderdated 6.8.1997 passed in Civil Writ Petition No. 1146/96.
(2) It has been the say of the petitioner that in Civil Writ Petition No. 1146/96,relief was sought in the matter of internship in Indian hospitals, functioning under the command and control of the respondents; that the petitioner was sent through the Medical Council of India (for short MCI), approved agency, to Russia for medical studies; that the Mci was not willing to accept such students for intemship in Indian hospitals though the medical studies institutions in Russia were approved by the MCI; that on 6.8.1996, Civil Writ Petition No. 1146/96 came to be disposed of on the undertaking given by respondent No. 2 for affording permission of intemship in Indian hospitals; that as a result of the order dated 6.8.1996, the petitioner was allowed to do intemship in Ram Manohar Lohia Hospital and there she did this intemship for about seven months and thereafter she was granted leave by the hospital authorities upto 31.7.1997 and to proceed to Russia to obtain a degree in Mbbs (Master in Medicine) and when she returned, she was asked to obtain a fresh permission to do intemship for the remaining period of intemship from respondent No. 2; that the permission was applied for on 17.7.1997 but the same has not been granted despite the written request; that respondent No. 2, on these facts,is alleged to have committed Contempt of the Court as the order dated 6.8.1996 is wilfully disobeyed and thereby flouted the undertaking given on 6.8.1996 to the Court.
(3) The say of respondent No. 2, in reply, is that in Civil Writ Petition No. 1146/96, the petitioner had prayed that she be allowed to do intemship in India after 5thyear course; that in the writ petition, it was nowhere stated that she had been admitted in the year 1991 for the course of medicine in the Kabardino-Balkarian State University which is not recognised by the MCI; that the petitioner had completed her medicine course in 1997 from Moscow Medical Stoma to logical Institute (for short ‘MMSI’) in June 1997; that earlier the Council had copies of twoCertificates, both dated 25.6.1996 in favour of the petitioner issued by MMSI; that it is only now that when the petitioner has furnished the Certificate dated 20.6.1997that the Council has come to know that she had taken the admission in the medicalcourse in a university not recognised by the MCI; that when the order dated 6.8.1996was passed by this Court in Civil Writ Petition No. 1146/96, the Council was not aware of the above-mentioned fact; that pursuant to the said order, it is the admitted position that the petitioner was allowed to do intemship in Ram Manohar Lohia Hospital from where she took the leave and proceeded to Russia to obtain her degree in medicine; that it is only when she submitted the copy of the degree dated20.6.1997 to the Council that this relevant fact that she had not taken admission ina recognised university came to light; that the petitioner has herself dmitted that she had started her internship in Ram Manohar Lohia Hospital when she left on her own and went to Russia.
(4) It is submitted by learned Counsel for petitioner that the meeting dated18.7.1995 is not applicable to the petitioner as the petitioner took admission in 1990in Russia; that the petitioner was granted permission for nine months; that the petitioner was recommended by the respondent; that the letters Annexure P-4 and Annexure P-5 suggest that the plea of respondent No. 2 is absolutely hollow and not justifiable.
(5) As against this, it is submitted by Mr. Maninder Singh, learned Counsel for respondent No. 2 that after the Minutes of the Meeting dated 26.7.1994, the Resolution of 1995 came to be passed; that the petitioner did not inform that she had taken the admission in the unrecognised institution; that there is absolutely no disobedience or violation of the order dated 6.8.1996 passed in Civil Writ PetitionNo. 1146/96 as on petitioner’s own say, after the order of 6.8.1996, she did join RamManohar Lohia Hospital and did intemship for about seven months and that thereafter she left Ram Manohar Lohia Hospital and went to Russia; that Kabardino-Balkarian State University is not a recognised institution; that if the petitioner is aggrieved with the order, then her remedy would be to challenge the decision taken in the meeting of 18.7.1995 and 17.11.1997.
(6) The order dated 6.8.1996 in Civil Writ Petition No. 1146/96 reads as follows: “THE learned Counsel for the respondent No. 2 states that the decision has now been taken in favour of the petitioner and necessary communication dated19.7.1996 has been sent to Secretary, Government of India, Ministry of Health& Family Welfare. The said decision was to be placed before the General Body of the Medical Council of India for final approval in the meetings held on31.7.1996 and 1.8.1996 respectively. The letter dated 11.7.1996 is taken onrecord. In view of the statement of learned Counsel for respondent No. 2, no further proceedings are necessary in the writ petition. Thus, the same is disposed of. There will be no order as to costs.6.8.96.”
(7) It is not disputed that after the passing of the above order, the petitioner joined Ram Manohar Lohia Hospital and worked as unpaid internee from 16.8.1996for about seven months and she proceeded on leave from 3.4.1997 to 31.7.1996.
(8) In the submission of Mr. R.S. Dhull, the petitioner was required to go toU.S.S.R. to obtain the degree certificate as the same was required as per the Minutes of the Meeting held on 26.7.1994; that Clause (a) thereof suggests that the Executive Committee decided to permit Mci sponsored candidates to undergo intemship training in India after completing 5th year medical course in the country provided they submit provisional degree certificate in original by the Dean for the foreign students duly certified and attested by the Indian Embassy at Moscow or the 3 Russian Embassy at Delhi and also No Objection Certificate from the authorities concerned to do internship training in India.
(9) It is pertinent to note that the communication dated 19.7.1996 to the Secretary, Government of India, Ministry of Health & Family Welfare, (Department of Health), Nirman Bhawan, New Delhi which is also referred to in the order dated 6.8.1996reproduced above suggests that the Executive Committee decided that “….the Executive Committee taking into consideration the representations received from various sectors decided to review its earlier decisions taken at its meeting held on 18.7.1995 regarding granting permission to undergo internship training in India by Indian students studying in erstwhile U.S.S.R. after 5th year medical course and or permitting them permanent registration after obtaining the qualification. Taking a sympathetic view for those students who are already undergoing the M.D.(General Physician) course in the recognised institutions of erstwhile U.S.S.R, the Committee decided to maintain status quo for them as per its decision taken at its meeting held on 26.7.1994.” The communication dated 19.7.1996 further provides that the Executive Committee was of the view that the decision taken at its meeting held on 18.7.1995 would be made applicable to the students who have taken admission into already recognised institutions of the erstwhile U.S.S.R. after 1.1.1995……”
(10) Thus, it would be seen from the above that the petitioner after joining RamManohar Lohia Hospital and doing intemship for seven months was required to go to Russia as per Clause (a) of the meeting held on 26.7.1994 which the Committee decided to maintain status quo for the students who were already undergoing theM.D. (General Physician) course in the recognised institutions of erstwhile U.S.S.R.It may be appreciated that the petitioner had gone to the erstwhile U.S.S.R. in the year 1990 and was admitted in preparatory course of “VINNITSA Medical institute named N.I. PIRAGOVA” in September, 1990 and that the petitioner finished the said course in 1991.
(11) The bone of contention on behalf of the respondent is that it was only in June, 1997 when the petitioner submitted copy of the degree to the Council it became known to the respondents that the petitioner had not taken admission in a recognised university in the erstwhile U.S.S.R. and, therefore; the petitioner is not entitled for registration under the provisions of Indian Medical Council Act. the petitioner has filed a copy of the letter addressed by Rector of Kabardino-Balkarian State University, Viadinur Tlostanov to the Secretary, Ministry of Health & FamilyWelfare, Nirman Bhawan, New Delhi, India (Annexure P-4). It is suggested there from that there are about 100 Indian students studying at Kabardino-Balkarian State University, Nalchik. Out of the 100 students, two are from the Mci and rest are of the State Education of the U.S.S.R. By this letter, it is requested that the qualification of M.D. (General Physician) of the Kabardino-Balkarian State University, Nalchik, Russian Federation be recognised by the Government of India. It further reads that the Government of India had already decided to recognise all the Medical qualifications of the institutes of former U.S.S.R during the visit of the delegation of the Medical Council of India and Ministry of Health & Family Welfare of Government of India in July, 1996……” Annexure P-5 is the copy of the letter dated10.4.1992 by the students of Medicine (KBSU-Nalchik) addressed to the GeneralSecretary, Medical Council of India. It is suggested therefrom that the students of India studying in first year (course) General Medical in Kabardino-Balkarian State University, Russian Republic were transferred to this university to continue their studies in medicine after the language course; that two students from Mci also study here in this university. By the said letter, it is requested that this university be recognised as the future of the students is in dark. The list attached with the said letter contains the names of 98 students. All that could be said from the letter Annexure P-4 is that about 100 Indian students were studying at Kabardino-Balkarian State University, Nalchik of which two are from Mci and that the qualification of M.D.(General Physician) of Kabardino-Balkarian State University,Nalchik, Russian Federation was requested to be recognised by the Government of India and that the Government of India had decided to recognise all the medical qualifications of the institutes of former U.S.S.R.
(12) The respondents have produced the copy of the Minutes of the Meeting of the Executive Committee of the Medical Council of India, New Delhi held on 17.9.1997 which suggests that the Committee, after a unanimous opinion, decided that
(A)The students who complete their medical degree course of less than six years duration from institutions in erstwhile U.S.S.R. shall not be eligible for registration because of the fact that the duration of M.D.(Physician) Course is six years, after one year preparatory/languagecourse;
(B)The students completing successfully total six years clinical M.D.(Physician) Course in a Mci recognised institute i.e. obtaining recognised M.D. (Physician) degree on or after 1.1.1997 shall have to undergo one year internship after obtaining the qualification…..
(E)The students who are initially admitted in an institution not recognised by the Medical Council of India and later on migrated and obtained the degree from recognised medical institutions in erstwhile U.S.S.R.will not be eligible for any kind of registration in India.
(13) The respondent has produced a copy of the Certificate dated 20.6.1997(Annexure B) purported to have been issued by Union of Soviet Socialist Republics certifying that Renu Dhul was admitted in 1991 to the Kabardino-Balkarian State University and in 1997 completed the full course of the Mmsi having specialised in General Medicine. Thus, the petitioner was earlier admitted in the preparatory course of “VINNITSA Medical Institute named N.L PIRAGOVA” in September, 1990 for which she studied Russian language and other subjects which institution is said to be not recognised by the Mci and she has obtained a degree from unrecognised Medical institution and has later on migrated and obtained the degree from Mmsi in June, 1997. Thus, the petitioner was initially admitted in an institution not recognised by MCI.
(14) As far as the disobedience or the violation of the order dated 6.8.1996 is concerned, it is the admitted position that after the passing of the order in Civil Writ Petition No. 1146/96, the petitioner did join Ram Manohar Lohia Hospital on16.8.1996 and did her internship training till 2.4.1997 and thereafter she proceeded on leave from 3.4.1997 to 31.7.1997 and in the meantime, completed the full course of the Mmsi and specialised in General Medicine which Diploma was conferred on her on 20/06/1997 by the said institute. It is not denied on behalf of the petitioner that in Civil Writ Petition No. 1146/96, she did not state that she was admitted in the preparatory course of “VINNITSA Medical Institute named N.I.PIRAGOVA” in September, 1990 on the basis of which she prayed for the relief in the matter of internship in Indian hospitals. Clause (b) of the Minutes of the meeting held on 26.7.1994 of the Executive Committee of the Medical Council of India reads as follows:
“(B)The Executive Committee also noted receipt of number of representations from the students studying undergraduate medical course Indifferent recognised medical colleges/institutions of erstwhile ‘USSR who were sponsored by private agencies regarding granting permission to undergo compulsory rotating Intemship India. The Committee decided to allow such candidates also to avail the same facility as permitted to the Mci sponsored candidates. However, these candidates will have to satisfy the Medical Council of India with regard to fulfillment of eligibility criteria for being permitted to undergraduate medical course as applicable to the students sponsored by the Council.”
IT would be seen from the above that the Minutes of the Meeting dated 26.7.1994were in respect of the representations from the students studying undergraduate medical course in different recognised medical colleges/institutions of erstwhileU.S.S.R. who were sponsored by private agencies regarding granting permission to undergo compulsory rotating intemship in India and the Committee decided to allow such students also to avail the same facility as permitted to the Mci sponsored candidates. Thus, it would be seen that the facility given to fte Mci sponsored candidates were also extended to the students studying undergraduate medical course in different recognised medical colleges/institutions of erstwhile U.S.S.R.who were sponsored by private agencies regarding granting permission to undergo compulsory rotating intemship In India.
(15) Taking the above facts into consideration, I am of the view that the order dated 6.8.1996 passed in Civil Writ Petition No. 146/96 cannot be said to have been violated or disobeyed much less wilfully.
(16) In the result, the petition being devoid of merits is dismissed.