Kerala High Court
Dr. M.Ramakrishna Babu vs Medical Council Of India on 28 September, 2018
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY ,THE 28TH DAY OF SEPTEMBER 2018 / 6TH ASWINA, 1940
WP(C).No. 29310 of 2015
PETITIONERS:
1 DR. M.RAMAKRISHNA BABU
AGED 45 YEARS
S/O.R.MURUKESAN, ASSISTANT SURGEON, PRIMARY
HEALTH CENTRE, KEEZHATTINGAL, TRIVANDRUM,
RESIDING AT: GAYATHRI MADAM, VARKALA-695145.
2 DR.THANKAPPAN SANTAKUMAR
S/O.DR.V.V.THANKAPPAN, ASSISTANT
SURGEOR,PRIMARY HEALTH CENTRE, KATTAKKADA,
RESIDING AT: SANTHI, CHOONDUPALAKA, KATTAKKADA,
TRIVANDRUM.
3 DR.BENZILAL WILLS SUNDAR SAHAYAM
ASSISTANT SUREGON, COMMUNITY HEALTH CENTRE,
PERUMKADAVILA, TRIVANDRUM, RESIDING AT: WILLS
BETHEL, LUIS COUMPOUND, MANGAD, THIRUMALA,
TRIVANDRUM-6.
4 DR.KANNAN ACHARI THANKAPPAN
ASSISTANT SURGEON, COMMUNITY HEALTH CENTRE,
VIDURA, RESIDING AT : JAYA GOPAL MANDIRAM,
MUKKOLAKKAL, NEDUMANGAD, TRIVANDRUM.
5 DR.P.R.MANOJ KUMAR
CIVIL SURGEON, PRIMARY HEALTH CENTRE,
PULLAMPARA,RESIDING AT: MADU SADANAM, POOVAR
P.O., TRIVANDRUM.
6 DR.DEVADAS NELSON
ASSISTANT SURGEON, PRIMARY HEALTH CENTRE,
VEERANKAVU, TRIVANDRUM, RESIDING AT:
N.R.BHAVAN,KALLIMADU, TRIVANDRUM.
W.P.(C).No.29310/15 & con.cases
2
7 DR.S.V.ARUN
ASSISTANT SURGEON, PRIMARY HEALTH CENTRE,
VELI,TRIVANDRUM, RESIDING AT: SASTA VALAS,
PERUMPAZHUTHOOR P.O., NEYATTINKARA, TRIVANDRUM.
8 DR.VICTOR JOHNSON FERNANDEZ
ASSISTANT SUREGON, PRIMARY HEALTH CENTRE,
KODANAD,RESIDING AT: VICTOR VILLA, AMARAVILA,
TRIVANDRUM.
9 DR.SHAFEEQUE THANALOT
RESIDING AT: SAFIYA MANZIL, NETUR P.O.,
THALASSERY,KANNUR.
10 DR.MOHAMMED SADIQ.A.P.
BADAYIL HOUSE, MOTTAMBARAM, P.O.MADAYI, KANNUR.
11 DR.SAJITH.G.
KAKKATTIL HOUSE, CALICUT-673507.
12 DR.PUSHPAN LAILA SABU
ASSISTANT SURGEON, PRIMARY HEALTH CENTRE,
PARIAPPALLY, RESIDING AT SABU SADANAM,
VELAMANNOOR,PARIPPALLY, KOLLAM.
13 DR.STANLY JAI.R.
RESIDENT MEDICAL OFFICER, GENERAL
HOSPITAL,TRIVANDRUM, RESIDING AT: KEERTHY
BHAVAN, KOOVALASSERY P.O., TRIVANDRUM.
14 DR.SAJU SAHADEVAN
S/O.P.K.SAHADEVAN, RESIDING AT : OJAS VILLA,
NEAR MANGALA MEDICAL CENTRE, KUZHIVILA, VARKALA
P.O.,TRIVANDRUM-695141.
15 DR.BOBAN GEEVARGHESE
RESIDING AT: B.G.BHAVAN, VATTAVILA, NALLILA,
KOLLAM.
16 DR.BIJUNESH S.N.
ASSISTANT SUREGON, PRIMARY HEALTH CENTRE,
CHRAL, WAYANAD, RESIDING AT: SANKAR NIVAS,
VILLAPPALLY,VATAKARA, KOZHIKODE.
W.P.(C).No.29310/15 & con.cases
3
17 DR.ABDUL RASHEED KUNNUMMAL
KUNNUMMEL HOUSE, THACHINGANADAM P.O.,
PATTIKKAD,MALAPPURAM DISTRICT.
18 DR.BILAY BHASKAR
S/O.BASKARA PILLAI, MAYAPPALLIL HOUSE, PARAKODE
P.O., ADOOR.
19 DR.DAWN MOHAN
JUNION CONSULTANT, COMMUNITY HEALTH CENTRE,
PEERUMEDE, RESIDING AT : 102/JOURNALIST COLONY,
M.C.C.NAGAR, PEROORKADA, TRIVANDRUM.
20 DR.AJITH KOTTUPARAMBIL
S/O.VELAYUDHAN, KOTTUPARAMBIL HOUSE, KOTTAKKAL
P.O.,MALAPPURAM DISTRICT.
BY ADV. DR.GEORGE ABRAHAM
RESPONDENTS:
1 MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-I, DWARKA, PHASE-1, NEW
DELHI-110077, REPRESENTED BY THE REGISTRAR.
2 TRAVANCORE-COCHIN MEDICAL COUNCIL
RED CROSS ROAD, TRIVANDRUM-695035, REPRESENTED
BY THE REGISTRAR.
3 THE REGISTRAR
TRAVANCORE-COCHIN MEDICAL COUNCIL, RED CROSS
ROAD,TRIVANDRUM-695035.
BY ADVS.
SRI.P.C.CHACKO, SC, IDUKKI DIST CO OP BANK
SRI.N.RAGHURAJ, SC, TCMC & KNMC
SRI.N.RAGHURAJ SC TCMC KNMC
SRI.P.C.CHACKO SC IDUKKI DIST CO OP BANK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.08.2018, ALONG WITH WP(C).28536/2018, WP(C).21104/2018,
WP(C).26990/2018, WP(C).4070/2018, WP(C).39081/2017,
WP(C).11733/2016, THE COURT ON 28.09.2018 DELIVERED THE
FOLLOWING:
W.P.(C).No.29310/15 & con.cases
4
W.P.(C).Nos.29310 of 2015,
11733 of 2016,39081 of 2017,
21104,26990,28536 & 4070 of 2018
= = = = = = = = = = = = = = =
JUDGMENT
1. Petitioners, in these cases are Doctors, who had obtained their graduate degrees from various foreign universities/institutes which are recognised by the Medical Council of India. These writ petitions are directed against orders passed by the Travancore-Cochin Medical Council regarding misuse of the degree MD (Physician) awarded to the petitioners by foreign universities. The order of the Travancore-Cochin Medical Council dated 22.5.2015 which instructs all Medial Practitioners to abide by the provisions of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002 and warns persons awarded with MD (Physicians) from foreign universities against misusing or misrepresenting such qualifications as Post Graduate qualification in modern medicine with disciplinary is under challenge in W.P.(C).No. 29310 of 2015. Later orders dated 26.2.2016 requiring the returning of certificates of registration for endorsement that the degree is equivalent to W.P.(C).No.29310/15 & con.cases 5 MBBS in India are also under challenge. W.P.(C).No.29310 of 2015 is treated as the lead case and the parties and documents are referred to as arrayed therein, unless otherwise specifically mentioned.
2. The petitioners obtained degree of Doctor of Medicine and qualified as Physicians from foreign universities. The petitioner in W.P.(C).No.29310 of 2015 has obtained Exhibit P1 certificate in the year 2000 and was given permanent registration by the Medical Council of India. It is stated that the Degree awarded by the foreign university was MD (Physician) and the same was duly recorded in the Registration Certificate issued by the MCI as well as the Travancore-Cochin Council of Modern Medicine. It is stated the petitioners had under gone six year's course in Medical Education in Foreign University, in addition to one year preparatory course/language course. They have also undergone six years medical study required to qualify as Doctor of Medicine (Physician) in the respective foreign universities. After completion of the six years course of study, the petitioners have also undergone House Surgency in India W.P.(C).No.29310/15 & con.cases 6 and have passed the screening test for registration in India. It is stated that the MCI Regulations on Graduate Medical Education prescribes 25 subjects with 7560 hours of studies and a course duration of 4½ years for award of graduate degree. Relying on the handbook published by the World Health Organization, the learned counsel for the petitioners submits that all over the world, the basic medical education is having six years of study and the qualification obtained after six years of study is Doctor of Medicine (Physician). Therefore, the qualification possessed by the petitioners are superior than that of a medical graduate, who qualified a Degree of Bachelor of Medicine and Bachelor of Surgery (MBBS) in any of the universities in India. It is further submitted that Section 25 of the Indian Medical Council Act, 1956 prescribes that a citizen of India who possess medical qualification from Medical Institutions outside India has to obtain a provisional registration and has to undergo one year practical training to become qualified for permanent registration. After undergoing the prescribed training, a medical graduate can obtain permanent registration under Section 15 of the Act. Section 13(4A) of the Act prescribes W.P.(C).No.29310/15 & con.cases 7 that a citizen of India who obtains a medical qualification from any medical institute outside India has to qualify the screening test for enabling him to get provisional registration under Section 25. Section 12 of the Act gives power for the Medical Council of India to grant recognition of medical qualification. No such power is conferred under any provisions to any other statutory bodies including the Travancore Cochin Medical Council. The Travancore Cochin Medical Practitioners Act, 1953 did not have any such power to recognise a medical qualification granted by the medical institutions abroad.
3. It is stated that the Travancore-Cochin Medical Council has required the petitioners to submit their certificates of registration for making an entry that the course undergone by them is equivalent to MBBS in India. They are being compelled to provide such endorsement in their nameplates and prescriptions as well. It is contended that after the petitioners obtained recognition from the MCI,the Travancore- Cochin Council of Modern Medicines has no manner of right to insist on any endorsement on the certificates of registration to be granted. Relying on Exhibits P16 and P17 judgment and W.P.(C).No.29310/15 & con.cases 8 order of the Madras High court, it is contended that the petitioners are entitled to exhibit their degrees as MD (Physician) with the name of the country from which they acquired the qualification. It is further stated that Exhibit R2(b) instruction of the Medical Council of India can only have prospective operation and that the Director of Health Services has no manner of power to issue an instruction in the nature of Exhibit R2(a). Apart from Exhibit P16 and P17 judgment and order of the Madras High Court, the learned counsel for the petitioner also relies on the decision of the High Court of Punjab and Haryana in Sanjeev Mittal and others v. Union of India and another [AIR 2003 Punjab and Haryana 213]. It is contended that the petitioners are entitled to permanent registration and to practice medicine in India and to exhibit the degrees awarded to them, since they have undergone longer years of study than is required for a graduate medical degree in India.
4. The learned counsel appearing for the Travancore-Cochin Medical Council of Modern Medicine would contend that the qualification acquired by the petitioners is admittedly equivalent W.P.(C).No.29310/15 & con.cases 9 to a graduate medical degree in India and is not a Post Graduate medical qualification. It is stated that MD being a degree conferred after Post Graduate medical education in India, the petitioner's degree is likely to be misunderstood as a Post Graduate medical degree. It is stated that this will lead to confusion in the minds of patients approaching the petitioners. It is stated that the petitioners are deliberately using the degree conferred on them to mislead their patients into believing that they have Post Graduate medical qualifications, which they do not possess. It is, therefore, contended that the provisions of the Indian Medical Council Act and the Travancore-Cochin Medical Practitioners Act,1953 would enable respondents 1 and 2 to issue directions in the nature of Exhibit R2(b) as also the impugned orders. It is stated that it being an admitted fact that the petitioners have only graduate degree in medicine, which is equivalent to MBBS in India, they are liable to inform the patients accordingly, which is all what is required by the impugned directions.
5. The learned counsel appearing for the Medical Council of India adopted the contention of the Travancore-Cochin W.P.(C).No.29310/15 & con.cases 10 Medical Council of Modern Medicine. He would additionally contend that the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002 specifically provides that Physicians shall display as suffix to their names only recognized medical degrees or such certificates/diplomas and memberships/honours which confer professional knowledge or recognizes any exemplary qualifications/ achievements. It is stated that several complaints have been received by the authorities regarding misuse of the qualifications by passing off the degree as Post Graduate qualifications.
6. It is stated that this aspect of the matter has been clearly considered by the High Court of Punjab and Haryana in Sanjeev Mittal's case (supra). It is stated that MD (Physician) from Russia and other foreign countries secured after one year orientation course plus five years regular course and one year training is clearly equivalent only to MBBS in India and cannot be passed off as the Post Graduate qualification of MD. The recognised medical qualifications granted by the universities or medical institutions in India are W.P.(C).No.29310/15 & con.cases 11 included in the First Schedule to Section 11 of the Indian Medical Council Act.M.D.(Physician) is not at all a qualification included in Schedule-I. The petitioners can only exhibit the degree that they possess along with their names. It is stated that the reliance placed on in Exhibits P16 and P17 judgment and order are also completely misconceived and all that is stated in Exhibit P17 order passed in review by the Madras High Court, even if the same has any persuasive effect, would only be to the effect that the petitioners' name boards and prescriptions can show the degree obtained by them with the name of the country from which it was obtained. It is stated that there was absolutely no discussion, much less any interdiction as to the power of the Medical Council to take steps with regard to the misleading nameplates and prescriptions of persons attempting to pass off their degrees as Post Graduate medical qualifications.
7. I have considered the contentions advanced. The contention of the petitioners is that they have undergone medical education in universities outside India, which involved one year orientation course, apart from five years of study and one W.P.(C).No.29310/15 & con.cases 12 year of internship which led to the award of the degree of MD (Physician) to them by the respective universities. The specific case of the Indian Medical Council as well as the Travancore-Cochin Medical Council is that the degree obtained by the petitioners is only equivalent to the graduate medical degree of MBBS in India. Though extensive pleadings have been placed on record, there is nothing before me to controvert this specific contention of the authorities empowered to issue registration. It is admitted that the Post Graduate medical degree recognized in India is also referred to as M.D. In the above view of the matter, the contention of the respondents is that the petitioners, who have only graduate medical qualifications, cannot be permitted to suffix MD to their names without the qualification 'equivalent to MBBS in India'. It is stated that the petitioners, who are only possessing graduate degree in medicine, are using the name of their degree to create an impression that they have the higher Post Graduate medical qualifications and this is clearly a breach of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002. It is stated that on the basis of the complaints received, the 1 st respondent has W.P.(C).No.29310/15 & con.cases 13 required respondents 2 and 3 to indicate in their Registration Certificates that MD (Physician) or similar primary medical qualifications acquired from Foreign Universities is equivalent to MBBS in India. It is contended that since the petitioners have no case that they are possessing Post Graduate medical degrees, the steps taken by respondents 1 to 3 are clearly applicable to all persons who have secured the medical degrees from foreign universities and have secured registration under respondents 1 and 2.
8. Having considered the contentions advanced, I am of the opinion that in view of the fact that what is possessed by the petitioners only graduate degree in Medicine, the petitioners cannot be permitted to make use of the degree awarded by Foreign Universities to make it appear that they are in possession of Post Graduate medical qualifications. The directions contained in Exhibit P14 are only to the effect that medical graduates having qualifications of MD (Physician) from foreign universities shall not misuse or misrepresent their qualifications as specialist Post Graduate qualifications in Modern Medicine.
W.P.(C).No.29310/15 & con.cases 14
9. The contention of the petitioners that the directions issued by the respondents amount to an incompetent and unreasonable restriction on their right to practice medicine cannot be accepted. In the facts and circumstances of the instant cases, I see no illegality in the impugned directions which are evidently issued in public interest. The prayers sought for in these writ petitions cannot be granted.
Writ petitions fail and are accordingly dismissed.
Sd/-
Anu Sivaraman, Judge sj APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 EXHIBIT-P1: TRUE COPY OF THE CERTIFICATE AWARDED BY THE MEDICAL UNIVERSITY WITH ENGLISH VERSION.
EXHIBIT P2 EXHIBIT-P2: TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE MEDICAL COUNCIL OF INDIA, TO THE 1ST PETITIONER.
W.P.(C).No.29310/15 & con.cases 15 EXHIBIT P3 EXHIBIT-P3: TRUE COPY OF THE CERTIFICATE OF REGISTRATION OBTAINED FROM THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE.
EXHIBIT P4 EXHIBIT-P4: TRUE COPY OF THE CERTIFICATE ISSUED BY THE MINSK STATE MEDICAL INSTITUTE WITH ENGLISH VERSION.
EXHIBIT P5 EXHIBIT-P5: TRUE COPY OF THE
REGISTATION CERTIFICATE ISSUED TO THE
2ND PETITIONER, BY THE MEDICAL COUNCIL
OF INDIA.
EXHIBIT P6 EXHIBIT-P6: TRUE COPY OF THE
REGISTRATION CERTIFICATE ISSUED TO THE 2ND PETITIONER.
EXHIBIT P7 EXHIBIT-P7: TRUE COPY OF THE CERTIFICATE DATED 28/3/2006 ISSUED TO THE 3RD PETITIONER BY THE MEDICAL COUNCIL OF INDIA.
EXHIBIT P8 EXHIBIT-P8: TRUE COPY OF THE CERTIFICATE ISSUED TO THE 3RD PETITIONER BY TRAVANCORE-COCHIN COUNCIL FOR MODERN MEDICINE.
EXHIBIT P9 EXHIBIT-P9: TRUE COPY OF THE
REGISTRATION CERTIFICATE OF THE 4TH
PETITIONER.
EXHIBIT P10 EXHIBIT-P10: TRUE COPY OF THE
REGISTRATION CERTIFICATE ISSUED TO THE 4TH PETITIONER, BY THE TRAVANCORE COCHIN COUNCIL FOR MODERN MEDICINE.
EXHIBIT P11 EXHIBIT-P11: TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE 5TH PETITIONER, BY THE MEDICAL COUNCIL OF INDIA.
W.P.(C).No.29310/15 & con.cases 16 EXHIBIT P12 EXHIBIT-P12: TRUE COPY OF THE REGISTRATION CERTIFICATE OBTAINED FROM THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE, BY THE 5TH PETITIONER.
EXHIBIT P13 EXHIBIT-P13: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 5/7/2015.
EXHIBIT P14 EXHIBIT-P14: TRUE COPY OF THE COMMUNICATION DATED 22/5/2015 PUBLISHED IN THE OFFICIAL WEBSITE.
EXHIBIT P15 EXHIBIT-P15: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 11/5/2015.
EXHIBIT P16 EXHIBIT-P16: TRUE COPY OF THE JUDGMENT OF HIGH COURT OF JUDICATURE OF MADRAS.
EXHIBIT P17 EXHIBIT-P17: TRUE COPY OF THE ORDER IN MISCELLANEOUS PETITION NO.1 OF 2015 IN WP NO.2934/14.
EXHIBIT P18 TRUE COPY OF THE TABLE SHOWING THE YEARS TO STUDY IN FOREIGN MEDICAL UNIVERSITIES AND IN INDIA.
EXHIBIT P19 TRUE COPY OF THE QUALIFICATION RECORD OF THE 1ST PETITIONER.
EXHIBIT P20 TRUE COPY OF CERTIFICATE ISSUED BY THE THASHKANT INSTITUTE OF ENGINEERS CERTIFYING THAT DR.SANJAY MUKUNDAN.
EXHIBIT P21 TRUE COPY OF THE SUBJECTS TAUGHT AT KHARKIV NATIONAL MEDICAL UNIVERSITY.
EXHIBIT P22 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT OF GENERAL HOSPITAL ERNAKULAM.
EXHIBIT P23 TRUE COPY OF THE SUBJECTS TAUGHT AT KHARKIV NATIONAL MEDICAL UNIVERSITY.
W.P.(C).No.29310/15 & con.cases 17 EXHIBIT P24 TRUE COPY OF THE REGULATIONS ON GRADUATE MEDICAL EDUCATION BY THE MEDICAL COUNCIL OF INDIA.
RESPONDENT'S EXHIBITS:
EXHIBIT R2 A A TRUE COPY OF THE LETTER DATED 16.12.2013. EXHIBIT R2 B A TRUE PHOTOCOPY OF THE COMMUNICATION BEARING NO.MCI-203(I)/REGISTRATION/2015/21922 DATED 16.07.2015.
EXHIBIT R2 C A TRUE PHOTOCOPY OF REGISTRATION CERTIFICATE ISSUED BY THE 1ST RESPONDENT TO MR.SABI SABAH MOOTHEDATH ON 10.02.2014.
TRUE COPY PS TO JUDGE