A junior doctor sought mandamus to direct the National Medical Commission to forward a sponsor note to ECFMG regarding his college's accreditation. The court held no demand and refusal was shown and dismissed the petition with liberty to approach the authority.
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NC: 2026:KHC:18045 WP No. 28929 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.28929 OF 2024 (EDN-RES)
BETWEEN:
AGE 26 YEARS,
OCC- JUNIOR DOCTOR, R/AT 105, PARK-ROAD, EAST-RAMANPUTHOOR, NAGERCOIL, DISTRICT KANYAKUMARI, TAMILANADU - 629004.
…PETITIONER
(BY SRI. SHIVANINGAPPA NADUVINAMANI, ADVOCATE)
AND:
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
REP. BY ITS SECRETARY, MINISTRY FOR HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-110 011.
NC: 2026:KHC:18045 WP No. 28929 of 2024
HC-KAR
EAST POINT COLLEGE OF MEDICAL SCIENCES AND RESEARCH CENTRE, BIDARAHALLI, VIRGONAGAR POST, BENGALURU-560049.
…RESPONDENTS
(BY SRI. AJAY PRABHU, ADVOCATE FOR R1; SRI. N. KHETTY, ADVOCATE FOR R2 SRI. THIMMEGOWDA N., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO FORWARD THE SPONSOR NOTE TO THE ECFMG PERTAINING TO THE ACCREDITATION OF THE RESPONDENT NO.3 IMMEDIATELY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
NC: 2026:KHC:18045 WP No. 28929 of 2024
HC-KAR
approach respondent No.2. It is made clear that unless there is
a demand and refusal by the authority, writ of mandamus
would not lie.
No.2, the Writ Petition is dismissed.
SD/(E.S.INDIRESH) JUDGE
sac
List No.: 1 Sl No.: 12
1 issue framed by the court
Whether a writ of mandamus can issue directing NMC to forward the sponsor note to ECFMG without prior demand and refusal by that authority.
Dr. Jonathan Gnanamni Roy
Government of India
National Medical Commission
The Principal, East Point College of Medical Sciences and Research Centre
E.S.Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
