(Oral):— 1. The Petitioner was admitted in Tashkent State Medical Institute in the year 1989 for undergoing Doctorate of Medicine (MD) Course, which course is equallent MBBS Course. The Doctor of Philosophy Course (Ph. d) of the Tashkent State Medical Institute for which degrees are awarded by the Supreme Attestation Commission of Moscow is equallent to the Post Graduate Courses. The petitioner after completing the Course was awarded Doctor of Medicine degree. He was issued certificate under section 23 of Indian Medical Council Act, 1956 (for short Act of 1956) vide registration certificate dated 20.06.1997. The petitioner approached the Medical Council of India (for short MCI) with the request that he is interested to undergo the Doctor of Philosophy course and sought their permission for undertaking the said course. One Mr. A. S. Rahi, Assistant Secretary vide his communication dated 04.09.1997 informed the petitioner as under: "...203(1)-Regn. / 17509 dated 04/09/97 Dr. Mujeeb-ur-Rehman Parrey C/o Tourist Home, Arakashan Road. Pahar Ganj NewDelhi-55 Sir, With reference to your letter dated 20.06.97, I am to inform you that the Central Gout, has issued necessary notification recognizing Ph. D. qualification in respect of 29 Institutions which are recognized by the Council with a foot note to the effect that: - "The post-graduate Medical qualification Doctor of Philosophy (Ph. D) in Medical Sciences awarded by Supreme Attestation Commission, Moscow (U. S. S. R) to students sponsored by Medical council of India or to other students fulfilling the minimum eligibility criteria for admission to undergraduate courses in India and admitted in the Institutions of erstwhile U.S.S.R. for undergraduate or post-graduate courses upto 1989 shall be recognized medical qualification." 2. After degree of Doctor of Philosophy (Ph. D) was awarded to the petitioner, he approached to Medical Council of India with the request that the aforementioned degree be entered in the relevant Register maintained by the said Authority. The MCI did not accepted the request of the petitioner, which constrained him to file this writ petition with the prayer that the respondents be directed to make additional entry in the relevant Register for additional qualification of post-graduate courses obtained by the petitioner. The MCI did not accepted the request of the petitioner, which constrained him to file this writ petition with the prayer that the respondents be directed to make additional entry in the relevant Register for additional qualification of post-graduate courses obtained by the petitioner. Prayer was made in the writ petition for issuance of writ of certiorari to quash the decision of the MCI refusing to register the additional qualification of the petitioner. Prayer was also made to direct the respondent no. 2 to treat the petitioner as a postgraduate and consider his case for appointment as Senior Resident in the discipline of Ophthalmology. 3. On notice issued, MCI has filed the reply affidavit. Respondent No. 2 has also filled reply affidavit. 4. Heard learned counsel for the parties. Considered the matter. 5. Mr. G. A. Lone, learned counsel for the petitioner submitted that in view of the notification dated 07.01.1997, the Ph. d degree of the petitioner is to be entered in the register maintained by the MCI. Learned counsel submitted that in view of the stand taken by the respondents in the paragraph 10 and 11 of the reply affidavit, the case of the petitioner is literally admitted and thus it will be appropriate to direct the MCI to enter the Ph. d degree in the register maintained by them. Learned counsel also submitted that petitioner approached the MCI for undertaking Ph. d course and only after receiving communication dated 04.09.1997, he sought admission and after successful completion of course has been awarded Ph. d degree. Learned counsel submitted that the petitioner has undertaken the course in view of the communication dated 04.09.1997 on his own expenses, so respondents are estopped in law to take the stance against the petitioner and to refuse the entry of degree of Ph. d in the relevant register. 6. Mr. Mushtaq Mohammad learned counsel for the MCI referred to the Act of 1956 and also the notification dated 07.01.1997 and 27.07.1999 and submitted that those candidates who sought admission for undertaking undergraduate or postgraduate course prior to the year 1989 alone are possessed of recognized degrees which have been awarded to them by the Supreme Attestation Commission, Moscow. Learned counsel submitted that the petitioner having admittedly sought admission for undergoing Ph. Learned counsel submitted that the petitioner having admittedly sought admission for undergoing Ph. D course in the year 1998 is not covered by the aforementioned notification. Learned counsel prayed for dismissal of the writ petition. 7. In order to appreciate the issues raised at bar, it would be appropriate to reproduce the notification dated 07.01.1997 and notification dated 27.07.1999 as also paragraph 10 and 11 of reply affidavit filed by the respondent-MCI: "The post-graduate Medical Qualification Doctor of Philosophy (Ph. D) in Medical Sciences awarded by Supreme Attestation Commission, Moscow (U.S.S.R) to students sponsored by Medical Council of India or to other students fulfilling the minimum eligibility criteria for admission to undergraduate courses in India and admitted in the institutions of erstwhile USSR for undergraduate or postgraduate courses upto 1989 shall be recognized medical qualification." Government of India Ministry of Health and Family Welfare (Department of Health) New Delhi dated 27th July, 1999 S. O. In exercise of the powers conferred by sub-section (4) Section 13 of the Indian Medical Council Act, 1956 (102 of 1956), the central Government after consulting the Medical Council of India, hereby makes the following further amendments in the Part II of the Third Schedule to the said Act, namely:- In the said Part II of the third Schedule, the following entries shall be added at the end, namely:- Doctor of Philosophy in Medical Sciences (Ph. D) Moscow. Supreme Attestation Commissions This qualification shall be recognized qualification when granted by Supreme Attestation Commissions Moscow in respect of the students admitted for undergoing the said Ph. D courses up to the year 1989). Sd/- (S. K. Mishra) Desk Officer" It is respectfully submitted that by the statutory notified dated 27.07.1999 the Central Government had clearly stipulated that it is only the students who had got admission in the Ph. D course in the medical institutions in the erstwhile states of USSR upto the year 1989, their degrees of Ph. D shall be recognized degrees. It was for this purpose for enforcing this clear stipulation that the necessary statutory notification under Section 13(4) of the Act was issued by the Central Government on 27.07.1999. D course in the medical institutions in the erstwhile states of USSR upto the year 1989, their degrees of Ph. D shall be recognized degrees. It was for this purpose for enforcing this clear stipulation that the necessary statutory notification under Section 13(4) of the Act was issued by the Central Government on 27.07.1999. In other words, by issuance of the notification dated 27.07.1999 by the Central Govt., it became inevitable that all those students who will seek admission in the Ph. D course i.e. after the year 1989 and after the issuance of the said notification on 27.07.1999 in the medical institutions of erstwhile states of USSR, their Ph. D degrees shall not be recognized." 8. The notification dated 07.01.1997 which was brought to the notice of petitioner by Assistant Secretary vide his communication dated 04.09.1997 provides that the Ph. d in Medical Science awarded by Supreme Attestation Commission, Moscow (U.S.S.R) to the students sponsored by MCI or to other students fulfilling the minimum eligibility criteria for admission to undergraduate course in India and admitted in the institution of erstwhile Stated of USSR for undergraduate or postgraduate courses upto 1989 shall be recognized qualification. The petitioner has secured admission to undergo undergraduate course and since he sought admission upto 1989 interms of said notification, his degree was recognized Medical qualification. For this reason the petitioner was issued certificate of registration by the MCI on 29.06.1998. 9. The contention of learned counsel for the petitioner is that the postgraduate course undertaken by the petitioner is also to be deemed recognized medical qualification inasmuch as the petitioner has sought admission as undergraduate course candidate upto 1989. The notification dated 07.01.1997 has two limbs one pertains to those candidates who are sponsored by MCI for undergoing the said course and second in respect of those candidates who sought admission to undertake undergraduate or post graduate courses upto 1989. The reference of two courses viz. undergraduate or postgraduate courses is specific and explicit. Notification distinguishes two courses viz. undergraduate or postgraduate courses. Qualification is recognized of those candidates who sought admission for undergoing undergraduate course upto 1989 as also of those candidates who sought admission to undertake postgraduate course upto 1989. The reference of two courses viz. undergraduate or postgraduate courses is specific and explicit. Notification distinguishes two courses viz. undergraduate or postgraduate courses. Qualification is recognized of those candidates who sought admission for undergoing undergraduate course upto 1989 as also of those candidates who sought admission to undertake postgraduate course upto 1989. The petitioner is the candidate who sought admission to undertake postgraduate course after 1989 so will not get benefit of having recognized medical qualification. 10. The notification dated 27.07.1999 issued by the Government of India has been issued in exercise of powers conferred sub section (4) of section 13 of Indian Medical Council Act 1956 and said notification has been issued by Central Government in consultation with MCI. Interms of said notification amendment were made in part II of third schedule of the Act of 1956 and degree of Doctor of Philosophy in medical sciences (Ph. d) issued by Supreme Attestation Commission, Moscow was added to the Schedule. It was also provided that degree granted by Supreme Attestation Commission, Moscow in respect of the students admitted for undergoing the said Ph. d course upto year 1989 is recognized qualification. The said qualification was thus at the first time ordered to be entered in part II of the Third schedule of the MCI Act, 1956. Before that the said degree was not appearing in part II of Third schedule. What is further clarified is that only those qualifications shall be recognized qualifications, which are granted by Supreme Attestation Commission, Moscow, only in respect of those students who were admitted for undergoing the said Ph. D course upto 1989. The notification dated 07.01.1997 is thus further clarified. Reading two notifications is conjunction one comes to an irresistible conclusion in law that only those medical qualifications are recognized both in respect of undergraduate or postgraduate courses for which admissions were sought upto 1989. The paragraph 10 and 11 of the reply affidavit does not admit claim of the petitioner as submitted by the learned counsel for the petitioner they only reflect the purport of the notifications of 1997 and 1999. The petitioner's claim for seeking entry of his Ph. The paragraph 10 and 11 of the reply affidavit does not admit claim of the petitioner as submitted by the learned counsel for the petitioner they only reflect the purport of the notifications of 1997 and 1999. The petitioner's claim for seeking entry of his Ph. d degree in register maintained by the respondent-MCI cannot be maintained as admittedly he has sought admission for undertaking such course in the year 1989. 11. The argument of learned counsel for the petitioner that respondents are estopped from refusing to enter aforementioned degree in the relevant register, in view of the fact that he has undertaken the said course on his own expenses cannot be accepted. The fact is that the communication dated 04.09.1997 addressed to the petitioner by Assistant Secretary does not permit him to undertake the said course. The petitioner had not sought admission for undergoing postgraduate course upto 1989 so on the plain language of notification dated 07.01.1997, he cannot be said to have obtained recognized medical qualification. Petitioner has proceeded to undertake the course of his own. The arguments based on the doctrine of estoppel fall to the ground lock, stock and barrel. 12. For the above stated reasons the writ petition is meritless is Dismissed alongwith all connected CMP(s).