JUDGMENT
BARIN GHOSH, C.J (Oral)
Section 21 of The Indian Medical Council Act, 1956 (hereinafter referred to as the “Act”) provides that the Indian Medical Council shall cause to be maintained in the prescribed manner a Register of medical practitioners to be known as the Indian Medical Register, which shall contain the names of all persons, who are for the time being enrolled on any State Medical Register and who possess any of the recognised medical qualifications. Therefore, a person, who is duly registered on the State Medical Register, is automatically registered on the Indian Medical Register. Section 28 of the Act provides that every person, registered on the Indian Medical Register, shall notify any transfer of the place of his residence or practice to the Council and to the State Medical Council concerned within 30 days of such transfer, failing which, his right to participate in the election of members to the Council or a State Medical Council shall be liable to be forfeited by order of the Central Government, either permanently or for such period as may be specified therein. Therefore, it is the obligation of a person to have himself registered on State Medical Register, whereupon, he automatically becomes registered on the Indian Medical Register. But thereafter, whenever he seeks to transfer his place of residence or practice, he is required to inform the State Medical Council concerned.
2. In the instant case, petitioner was registered on the Uttar Pradesh Medical Register. Accordingly, he automatically became registered on the Indian Medical Register. By reason of Section 27 of the Act, he, thus, became entitled to practise in any part of India. However, the moment he transferred his place of residence or practice, he was required to inform to the Keeper of Uttar Pradesh Medical Register and to the Keeper of Uttarakhand Medical Register. Despite the petitioner having been appointed on ad hoc basis by the State of Uttarakhand, he did not do so. State of Uttarakhand, thereafter, published an advertisement and, thereby, evinced an intention of recruiting Medical Officers on permanent basis. In the advertisement, it was indicated that the people responding to the said advertisement must be registered on the State, i.e Uttarakhand, Medical Register. Petitioner was not so registered, but despite that, he responded to the advertisement. That response having been rejected, petitioner has filed the present writ petition.
3. The fact remains that the petitioner has not stated anywhere in the petition why did he not discharge his statutory obligation of informing Uttar Pradesh Medical Council and the Uttarakhand Medical Council that, in connection with his employment, he is in fact practising and residing in the State of Uttarakhand for more than 4 years. Challenge thrown by the petitioner to the action complained of is, accordingly, not entertainable.
4. The writ petition fails and the same is dismissed.