Delhi High Court
07 August 2020
Dr. Than Singh Kehwar is an American
citizen and an Overseas Citizen of India (O.C.I.). He passed his Higher
Secondary Examination, 1983 (i.e. Class-XI) from the Board of Secondary
Education, Rajasthan. He, however, didn’t have ‘biology’ as a subject in Class 11th.
He was also awarded Degree of Doctor of Science (D.Sc.) in Physics by Dr.
Bhimrao Ambedkar University, Agra.
On 01.04.2010, Dr. Kehwar successfully
passed Undergraduate Level Biology Course from Community College of Allegheny
Country, Pittsburgh, PA, U.S.A. The aforesaid undergraduate course is equivalent
to studying ‘biology’ at B.Sc. level in India.
In 2010, Dr. Kehwar took admission in
Doctor of Medicine Course (equivalent to MBBS in India) in International University
of the Health Science (IUHS), School of Medicine, Saint
Kitts and Nevis, West Indies. He successfully obtained the degree of
Doctor of Medicine (M.D.) from College of Medicine and Health Sciences, St. Lucia,
West Indies on 18.12.2017.
Vide letter
dated 11.10.2018, Dr. Kehwar made a representation to erstwhile Medical Council
of India (MCI) thereby requesting MCI to issue him the ‘Eligibility Certificate’ so that he can practice medicine (as an MBBS
doctor) in India.
Vide Letter dated 12.06.2020, the Board of
Governors in Supersession of Medical Council of India, rejected Dr.
Kehwar’s request of issuance of ‘Eligibility
Certificate’ under Section 13(4B) of the Indian Medical Council Act, 1956 on
the ground - “you did not have ‘Biology’ as a subject either in High School or
B.Sc. Level.”.
Being aggrieved, Dr. Kehwar preferred a writ petition [W.P.
(C) 4939/2020] before the Hon’ble Delhi High Court thereby seeking a direction
to the MCI to issue him the ‘Eligibility Certificate’.
Anuj Aggarwal,
Advocate, counsel for Dr. Than Singh Kehwar, submitted that the petitioner is
having better/higher qualification than studying ‘biology’ as a subject at High
School level. It was submitted that the objective/intention of the petitioner
of practicing medicine in India is to provide free/affordable medical services
to the poor and needy citizens of India. It was also submitted that the
petitioner has a vast medical experience of practicing in the USA and he wants
to utilize that experience for serving the poor and needy citizens of India.
Hon'ble Mr. Justice Jayant Nath, Delhi High Court, vide Order dated
07.08.2020, directed the Association of India Universities (A.I.U.) to decide
whether qualifications acquired by Dr. Kehwar are equivalent to studying ‘biology’
as a subject in Higher Secondary or not and, after the decision of A.I.U., Dr.
Kehwar was given liberty to represent MCI, which shall reconsider the request
for issuing ‘eligibility certificate’ in view of the decision of the A.I.U.
Dr. Than Singh
Kehwar is presently posted as Chief of Clinical Medical Physics in Departments
of Radiation Oncology, Mercy Catholic Medical Center, Mercy Fitzgerald Campus,
Darby, PA 19023, Mercy Philadelphia Campus, Philadelphia, PA 19143 & Thomas
Jefferson University Cancer Centers, Philadelphia, PA, USA.
[Than
Singh Kehwar versus Board of Governors in Supersession of Medical Council of India
& Anr., W.P.(C) 4939/2020, Date of decision = 07.08.2020]
https://www.advocateanujaggarwal.com/admin/img/Finalist/2020081015970531602020%20Del%20DB%20-%20THAN%20SINGH%20KEHWAR.pdf
https://www.advocateanujaggarwal.com/notejudgement.php?courtid=2
