H!GH COURT OF CHHATTISGARH AT E!LASPUR Hon’ble Shri Dhirendra Mishra & Hon’bte Shri R.N. Chandrakar. JJ Comm:— Review Petiticn No.87/2009 AppHcant Medical Councii of lndia. through Secretary, Medical Council of lndia, Pocket-14. Sector-8, Dwarika Phase—1 , New DelhM 10075 Versus Dr. Gajendra Singh Dhruw, s/o $hri MS. Dhruw, aged about 4O years, Occupation— Service, Presently posted as Medica) Officer. Community Health Centre, Bhairamgarh. District Bijapur, Chhattisgarh State of Chhattisgarh, Through Secretary, Department of Medical Education, DKS Bhawan, Raipur (CG) Secretary, Department of Public Health and Family Welfare, State of Chhattisgarh, DKS Bhawan, Raipur (CG) Director, Medical Education, Old Nurses Hestel, DKS Bhewan, Raipur (CG) Director. Publtc Health and Family Welfare, Old Nurses Hostel. DKS Bhawan, Raipur (CG) Chhattisgarh Professional Examination Board. through its controller, C/168. Tagore Nagar. Raipur (CG) Dr. B.P. Sonkar.’ S/o Not known to the applicant, Assistant Surgeon. Ambikapur (CG) Respondents Applicant Medical Council of india. through Secretary, Medical Council of lndta. Pocket—14, Sector-8. Dwarika Phase-1. Review Petition No.88l2009 Respondents New Delhi-1 10075 Versus Dr. Rajesh Baghel, S/o Shri Punni Das Baghel, aged about 38 years, Occupation~Service, Presently working as Demonstratar, Chhattisgarh lnstituté of Medical Science (CtMS’), Bilaspur, R/o Nehru Nagar, Bilaspur (CG) State of Chhattisgarh, Through Secretary, Department of Medical Education, DKS Bhawan. Raipu¥"(ce) Secretary, Department of Public Heaith and Famiiy Weifare, State of Chhattisgarh, DKS Bhawan, Raipur (CG) Director, Medical Education, Oid Nurses Hostel, DKS Bhawan, Ralpur (CG) Director, Public Health and Family Welfare, Old Nurses Hostel, DKS Bhawan, Raipur (CG) Chhattisgarh Professional Examination Board, through its controller, C/168, Tagore Nagar, Raipur (CG) Guru Ghasidas University, through its Registrar, Bilaspur (CG) Dr. Rajendra Maheshwari, S/o Not known to the applicant, Assistant Surgeon, Community Health Centre, Bhatapara, District Raipur (CG) Dr. Smt. Sashi Prabha Banjare, W/o Not known to the appiicant, Assistant Surgeon, Jaijaipur, District Janigir Champa, Department of Public Health and Famiiy Welfare under the State of MW.yWWWWwwmwmmwm,Mmmmw,Wmwmmmmwwmawwwmww Applicant Respondents mmwwmm ww w‘. Chhattisgarh 1D. Dr. BF. Sonkar, S/o Nat known to the appiicant,- Assistant Surgeon, Ambikapur (CG) Review Petition No.8912009 Medical CouncH of India, thrcugh Secretary‘ Medical Council of India, Pocket-14, Sector-8, Dwarika Phase-1 , New Delhi—1 10075 Versus 1. DrA Kailash Kumar Sahara, S/o Shri Udan La! Sahare‘ aged 37 years. Occupation- Service, presentiy posted as Medical Officer, Community Health Centre, Rajim, District- Raipur(CG) of Chhattisgarh, Secretary, Medical Bhawan, Stale Through Department Education, Ralpur(CG) Secretary, Department of Public Health and Family Welfare, State of Chhattisgarh, DKS Bhawan, Raipur(CG) Director, Medical Education, Old Nwses Hostel, DKS Bhawan, Raipur (CG) Director, Public Health and Family Welfare, Old Nurses Hostel, DKS Bhawan, Raipur (CG) Chhattisgarh Professional Examination Board, through its controiier, C/168, ‘Tagore Nagar, Raipur (CG) Dr. Rajendra Maheshwari, S/o Not known to the applicant, Assistant Surgeon, Community Health Centre, Bhatapara, District Raipur (CG) of DKS ‘ ”u w 8. Dr‘ Smt. Sashi Prabha Banjare, W/o Not known to the appiicant, Assistant Surgeon, Jaijaipur, District Janjgir Champa, Department . of Public Health and Famity Wetfare under the State of Chhattisgarh 9. Dr. B.P. Sonkar, S/o Not known to the appticant, Assistant Surgeon, Ambikapur (CG) A'pplication for review of the order dated 23/06/2009 Present: Shri RS Marhas, counsel for the applicant. Oral Order (Passed on 16‘“ of December, 2009) Per Dhirendra Mishra, J:- Review petition Nos.87/2009, 88/2009 and 89/2009 are being disposed of by this common order as by these applications, the applicant/Medical council of lndia (for short the “MCI”) has prayed for review of the order dated 23.062009, whereby writ petition Nos. 2749/2009, 2770/2009 and 2748/2009 have been disposed of along with other writ petitions by a common order. (2) The applicant has also filed LA. No.1 for condonation of delay in filing these applications. (3) Heard on LA. No.1 as well as applications for reviewing the aforesaid order. (4) Learned counsel for the appiicant submits that in the aforesaid order, on the basis of the submission made by learned counsel for the MCI, it was recorded in paragraph-15 of the order under review thus:— “Shri Ranbir Sing/7 Mamas, learned counsel appearing for the Medical Council of India (in short “MCI? submitted that as per order of the mWW w. were made by teamed council for the ap the s (5) finng \eam true facts. 5) Hon‘ble Supreme Court. the last date fo admission to PG Degree and Diploma Course for government docfors in the Medical College of Chivattisgarh was extended up to 20‘” June.2009. However‘ taking into consideration the peculiar situation existing in the present case. the MCI has no objection if the last date of admission to the above course is extended up to 30‘“ June‘ 2009” The aforesaid submission was made by teamed counsel for the MCt without receiving instructions from it. instructions subsequentiy received after passing of the order under review on 23.062909 vide Annexure A-i. Thus‘ the submission piicani/MCI was incorrect and ame was not in accordance with the instructions of the MCI. in view of the submission made by teamed counsei for the appiicant/MCI, we are of the considered opinion that deiay in the review petitions is bonafide as by bringing this fact, petiti (7) one) are aiiowed and the deiay is condoned. Attowing these review petitions, it is directed that fottowing On due consideration of the Submissions made by teamed counsei for the MCI, these appiioations (LA. No.1 in aii the paragraph-t 5 of the order under reviewza be added at the end of “Later on, learned counsel for MCI. by applying for reviewing the order, brought to the notice of this Court that incorrect statement was made by him that the MCI has no objection if the last date of admission to the above course is extended by 30.06.2009. The aforesaid statement was made before the instructions were received from the MC! as he received instructions from the MCI on 23.06.2009 i.e after the order was already passed ed counset for the appttcant oniy intends to bring forth the f . (8) P ya and fhus the submission made by Shn‘ Mamas. learned counsel for the MCI was in accordance with the subsequent instructions received by him from the MCI,“ A copy of this order be placed in Review Petition Nos.88/2009 and 89/2009 also. s‘aif sw— Dhirendra Mishra Rangnath Chandrakar Judge Judge