* HIGH COURT OF DELHI AT NEW DELHI + LPA No.376/2006 Dr. Sukanta Ghosh …..Appellant Through: Mr.Dinesh Chander Yadav, Advocate Versus Medical Council of India & Anr. …Respondents Through: Mr.Maninder Singh with Mr.T. Singhvi, Advocates for respondent No.1. Mr.Amit Bansal, Advocate for respondent No.2. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE DR. JUSTICE S.MURALIDHAR JUDGMENT % 12.05.2008 Heard counsel appearing for the parties. 2. The appellant before us is the original writ petitioner. He had appeared at All India Senior School Certificate Examination (AISSCE) 1991 and was placed in the category of Compartment as he failed to qualify in the Chemistry paper. The petitioner subsequently appeared in the first Compartment Examination with the same roll number in the subject of Chemistry and obtained 54 (fifty four) marks and was declared passed. It is stated that the petitioner thereafter joined Moscow Medical Stomatological Institute in the year 1992 and graduated in the year 1998 and was awarded the qualification in “General Medicine” Doctor of Medicine vide certificate / degree dated 25.6.1998. The petitioner is stated to have underwent compulsory rotatory internship training from Jaipur Golden Hospital, New Delhi and also worked as an unpaid-intern in the Safdarjung Hospital, New Delhi. 3. In June, 2001, the petitioner applied for registration with the respondent – Medical Council of India under Section 23 of the Indian Medical Council Act, 1956. Along with the application the petitioner produced relevant certificates including certificate granted by CBSE along with mark sheet in AISSCE Examination. This mark sheet was forwarded by the Medical Council of India to the CBSE for verification. Upon verification it was found that the petitioner had submitted to the Medical Council of India a consolidated mark sheet bearing Serial No.74773 by tampering with the marks obtained by him in Chemistry and further by removing the subject of Mathematics from the said mark sheet. An FIR has already been lodged against the petitioner on this ground. In the counter affidavit, the CBSE has confirmed that the petitioner instead of disclosing two separate mark sheets issued by the CBSE, for both Main and Compartment Examination of 1991 submitted a single forged mark sheet by tampering with the marks obtained by him in the subject of Chemistry and also by removing the subject of Mathematics as mentioned in the original mark sheet. 4. Under the above circumstances, the relief sought by the petitioner for directing the Medical Council of India to issue registration certificate to the petitioner cannot be granted. In case the petitioner is finally exonerated from the criminal charge, he may again approach the Medical Council of India for registration. 5. The appeal has no merit and is dismissed. CHIEF JUSTICE S.MURALIDHAR, J May 12, 2008 “nm”