Monday, August 10, 2020

American doctor wishes to treat poor Indian citizens; Medical Council of India (MCI) rejects the request on the ground that he didn’t had ‘biology’ as a subject in Class 11th

 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

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