HC division bench sets aside order of single bench

Amrendra Kumar

Patna: A division bench of Patna high court comprising Chief Justice Iqbal Ahmad Ansari and Justice  Chakradhari Sharan Singh on Tuesday set aside the order of a single bench of the court presided by Justice Ajay Kumar Tripathi which had upheld an MCI order which had not found petitioner Aiman Kamal eligible for registration as doctor saying he had got MBBS degree from a Nepal medical college.

Petitioner Aiman Kamal had filed a writ petition bearing CWJC no. 8089/ 2014, challenging the order of Medical Council of India (MCI) by which he was not found eligible for registration as a doctor because he had got MBBS degree from a medical college of Nepal.

A single bench of the court presided by Ajay Kumar Tripathi had dismissed the writ petition filed by the petitioner on the ground raised by the MCI that the petitioner first passed the Intermediate in science faculty with Physics , Chemistry and Maths and thereafter he passed in Biology in one year course as a regular student. Therefore, the single bench had not found him eligible for MBBS course and upheld the order of MCI. But, the division bench found the petitioner eligible for MBBS and set aside the order of single bench as well as order of MCI.