Kerala High Court
Shibilu Shamsudeen vs Medical Council Of India on 13 February, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941
WP(C).No.35147 OF 2019(P)
PETITIONER:
SHIBILU SHAMSUDEEN
AGED 35 YEARS
S/O. S.R. SHAMSUDEEN, NELLUMVILA PADEETTATHIL,
EDAKKUNNAM, CHARUMOOD P.O, ALAPPUZHA-690 505
BY ADVS.
SRI.JAMES ABRAHAM (VILAYAKATTU)
SRI.P.BALAN (VYTTILA)
RESPONDENTS:
1 MEDICAL COUNCIL OF INDIA
AIWAN-E-GALIB MARG, KOTLA ROAD,
OPP. MATA SUNDARI COLLEGE, (FOR WOMEN),
NEW DELHI-110 002,
REPRESENTED BY ITS SECRETARY.
2 THE REGISTRAR,
THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE,
COMBINED COUNCIL BUILDING, RED CROSS ROAD,
THIRUVANANTHAPURAM-695 035
SRI.N.RAGHURAJ, SC
SRI.TITUS MANI VETTOM, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.02.2020, ALONG WITH WP(C).26836/2019(D), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.35147 & 26836 OF 2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941
WP(C).No.26836 OF 2019(D)
PETITIONER:
PURNIMA RANI DAS
AGED 34 YEARS
W/O.GULJIT SINGH, NIMS MEDICITY, ARALOOMUDU,
NEYATINKARA P.O., THIRUVANANTHAPURAM-695123.
BY ADVS.
SRI.JAMES ABRAHAM (VILAYAKATTU)
SRI.P.BALAN (VYTTILA)
RESPONDENTS:
1 THE REGISTRAR,
THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE
COMBINED COUNCIL BUILDING, RED CROSS ROAD,
THIRUVANANTHAPURAM-695035.
2 ADDL.R2. MEDICAL COUNCIL OF INDIA,
MCI BUILDING, POCKET - 14, SECTOR-8 DWARAKA,
PHASE-1, NEW DELHI-110077. INDIA
ADDL. R2 IS SUO MOTU IMPLEADED AS PER ORDER DATED
27.11.2019 IN WP(C) 26836/2019.
SRI.N.RAGHURAJ, SC
SRI.TITUS MANI VETTOM, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.02.2020, ALONG WITH WP(C).35147/2019(P), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.35147 & 26836 OF 2019
3
JUDGMENT
These writ petitions are filed seeking a declaration to the effect that the petitioners are entitled to get permanent registration under Section 25 (4) of the Indian Medical Council Act, 1956 in view of the Provisional Registration and Internship Completion certificates and by virtue of a judgment rendered by a Division Bench of this Court in W.A. No.1981/2012 in W.P.(C). No.23676/2011.
2. It is submitted by the learned counsel for the petitioners that the petitioners have completed MBBS degree from the International University of the Health Science (IUHS), St. Kitts, West Indies and that they were granted provisional registration by the respondents and they have completed one year internship thereafter. It is submitted that the petitioners are eligible for grant of permanent registration in the light of the Provisional Registration and Internship Completion certificates as also findings of this Court in the judgment in W.A. No.1981/2012.
3. It is further submitted that a Circular produced as Ext.P10 in W.P.(C). No.26836/2019 has been issued in respect of identically situated persons, who were parties to W.A. No.1981/2012 and that directions had WP(C).Nos.35147 & 26836 OF 2019 4 been issued to grant permanent registration to the persons covered by the said judgment.
4. A detailed counter affidavit has been placed on record by the respondents in W.P.(C).No.26836/2019. The contentions are adopted in the other writ petition as well.
5. Having heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the Travancore Cochin Medical Council as well as the learned Standing Counsel appearing for the Medical Council of India, I am of the opinion that since the petitioners contend that they are identically situated as the petitioners in the earlier round of writ petitions which culminated in the judgment in W.A. No.1981/2012 and since permanent registration has been directed to be granted in respect of the petitioners in those cases, the case of the writ petitioners herein are also liable to be considered by the Travancore Cochin Medical Council at par with such similarly situated candidates.
6. In the above view of the matter, there will be a direction to the Travancore Cochin Medical Council to take up the request of the petitioners for permanent registration, taking note of the judgment in W.A. No.1981/2012 and Ext.P10 Circular produced in W.P.(C). No.26836/2019. Orders shall be passed within a period of two months WP(C).Nos.35147 & 26836 OF 2019 5 from the date of receipt of a copy of this judgment. The Travancore Cochin Medical Council shall consider the contentions of the petitioners and examine whether the petitioners are similarly situated as the petitioners in the writ petitions which lead to the judgment in W.A. No.1981/2012.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE np WP(C).Nos.35147 & 26836 OF 2019 6 APPENDIX OF WP(C) 35147/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MBBS CERTIFICATE DATED 27.9.2010 ISSUED BY THE INTERNATIONAL UNIVERSITY OF HEALTH SCIENCES, ST.KITTS, WEST INDIES.
EXHIBIT P2 TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE SCREENING TEST RESULT DATED 10.1.2017 ISSUED BY THE NATIONAL BOARD OF EXAMINATIONS TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE WORLD DIRECTORY OF MEDICAL SCHOOLS.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF LIST OF APPROVED UNIVERSITIES SHOWING INTERNATIONAL UNIVERSITY OF THE HEALTH SCIENCE (IUHS), ST. KITTS IN WEST INDIES DOWNLOADED AND PRINTED FROM THE OFFICIAL WEBSITE OF THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 4.7.2017 IN W.P. NO. 17017/2017 EXHIBIT P7 TRUE COPY OF CERTIFICATE OF PROVISIONAL REGISTRATION DATED 7.11.2017.
EXHIBIT P8 TRUE COPY OF INTERNSHIP COMPLETION CERTIFICATE DATED 13.8.2019.
EXHIBIT P9 TRUE COPY OF ACKNOWLEDGMENT DATED 3.9.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 29.8.2014 IN W.A. NO. 1981/2012 RESPONDENT'S/S EXHIBITS: NIL WP(C).Nos.35147 & 26836 OF 2019 7 APPENDIX OF WP(C) 26836/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MBBS DEGREE CERTIFICATE OF THE PETITIONER ISSUED BY THE INTERNATIONAL UNIVERSITY OF THE HEALTH SCIENCE (IUHS), ST.KITTS, WEST INDIES.
EXHIBIT P2 TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE MEDICAL COUNCIL OF INDIA TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE SCREENING TEST RESULT ISSUED BY THE NATIONAL BOARD OF EXAMINATION TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE RELEVANT EXTRACT OF WORLD DIRECTORY OF MEDICAL SCHOOLS PUBLISHED BY WORLD HEALTH ORGANIZATION.
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 11.4.2017 IN W.P. NO.11881/2017.
EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE OF PROVISIONAL REGISTRATION DATED 7.11.2017 ISSUED BY THE RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE INTERNSHIP COMPLETION CERTIFICATE DATED 28.1.2019 ISSUED BY THE GOVERNMENT GENERAL HOSPITAL, THIRUVANANTHAPURAM.
EXHIBIT P8 A TRUE COPY OF THE ACKNOWLEDGMENT DATED 11.2.2019 ISSUED BY THE RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 29.8.2014 IN W.A.NO.1981/2012.
EXHIBIT P10 A TRUE COPY OF THE CIRCULAR NO.MC1-203(1) (GEN)/20-14-REGN.157690 DATED 11/2/2015 RESPONDENT'S/S EXHIBITS: NIL