Kerala High Court
Review vs Travancore Cochin Medical Council on 9 February, 2021
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar, Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
RP.No.565 OF 2019 IN WA. 2055/2018
AGAINST THE ORDER/JUDGMENT IN WA 2055/2018 OF HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENTS 2 &3 IN W.A
1 TRAVANCORE COCHIN MEDICAL COUNCIL
RED CROSS ROAD, TRIVANDRUM -695 035,
REPRESENTED BY THE REGISTRAR.
2 REGISTRAR,
TRAVANCORE COCHIN MEDICAL COUNCIL, RED CROSS ROAD,
TRIVANDRUM-695 035
BY ADVS.
DR.S.GOPAKUMARAN NAIR (SR.)
SRI.SOORAJ T.ELENJICKAL
SRI.C.R.SYAMKUMAR
SRI.K.ARJUN VENUGOPAL
SMT.V.A.HARITHA
SRI.SIDHARTH B PRASAD
SRI.R.NANDAGOPAL
SHRI.ASWIN KUMAR M J
RESPONDENTS/PETITIONERS 1 TO 20 & RESPONDENTS NO.1 IN W.A
1 DR. M. RAMAKRISHNA BABU
AGED 48 YEARS, S/O.R. MURUKESAN, ASSISTANT SURGEON,
PRIMARY HEALTH CENTRE, KEEZHATTINGAL, TRIVANDRUM,
RESIDING AT GAYATHRI MADAM, VARKALA-695 145
2 DR. THANKAPAN SANTAKUMAR,
S/O. DR. V.V. THANKAPPAN, ASSISTANT SURGEON, PRIMARY
HEALTH CENTRE, KATTAKKADA,
RESIDING AT SANTHI, CHOONDUPALAKA, KATTAKKADA,
TRIVANDRUM-695 572
3 DR. BENZILAL WILLS SUNDAR SAHAYAM,
ASSISTANT SURGEON, COMMUNITY HEALTH CENTRE,
PERUMKADAVILA, TRIVANDRUM,
RESIDING AT WILLS BETHEL, LUIS COMPOUND, MANGAD,
2
RP.No.565 OF 2019 IN WA. 2055/2018
THIRUMALA, TRIVANDRUM-695 006
4 DR. KANNAN ACHARI THANKAPPAN,
ASSISTANT SURGEON, COMMUNITY HEALTH CENTRE,
VIDURA, RESIDING AT JAYA GOPAL MANDIRAM,
MUKKOLAKKAL, NEDUMANGAD, TRIVANDRUM-695 541
5 DR. P.R. MANOJ KUMAR,
CIVIL SURGEON, PRIMARY HEALTH CENTRE,
PULLAMPARA, RESIDING AT MADU SADANAM, POOVAR
P.O,
TRIVANDRUM-695 525
6 DR. DEVADAS NELSON,
ASSISTANT SURGEON, PRIMARY HEALTH CENTRE,
VEERANAKAVU, TRIVANDRUM, RESIDING AT N.R.
BHAVAN, KALLIMADU, TRIVANDRUM-695 572
7 DR. S.V. ARUN,
ASSISTANT SURGEON, PRIMARY HEALTH CENTRE, VELI,
TRIVANDRUM, RESIDING AT SASTA VALAS,
PERUMPAZHUTHOOR P.O, NEYYATTINKARA,
TRIVANDRUM-695 126
8 DR. VICTOR JOHNSON FERNANDEZ,
ASSISTANT SURGEON, PRIMARY HEALTH CENTRE,
KODANAD, RESIDING AT VICTOR VILLA, AMARAVILA,
TRIVANRUM-695 122
9 DR. SHAFEEQUE THANALOT,
RESIDING AT SAFIYA MANZIL, NETTUR P.O,
THALASSERY, KANNUR-670 105
10 DR. MOHAMMED SADIQ A.P,
BADAYIL HOUSE, MOTTAMBARAM P.O, MADAYI,
KANNUR-670 304.
11 DR. SAJITH G,
KAKKATTIL HOUSE, CALICUT-673 507
12 DR. PUSHPAN LAILA SABU,
ASSISTANT SURGEON, PRIMARY HEALTH CENTRE,
PARIAPPALLY, RESIDING AT SABU SADANAM,
VELAMANOOR, PARIPPALLY, KOLLAM-691 574
13 DR. STANLY JAIN R,
3
RP.No.565 OF 2019 IN WA. 2055/2018
RESIDENT MEDICAL OFFICER, GENERAL HOSPITAL,
TRIVANDRUM, RESIDING AT KEERTHY BHAVAN,
KOOVALASSERY P.O, TRIVANDRUM-695 512
14 DR. SAJU SAHADEVAN,
S/O. P.K. SAHADEVAN, RESIDING AT OJAS VILLA,
NEAR MANGALA MEDICAL CENTRE, KUZHIVILA, VARKALA
P.O, TRIVANDRUM-695 141
15 DR. BOBAN GEEVARGHESE,
RESIDING AT B.G. BHAVAN, VATTAVILA,
NALLILA KOLLAM-691 515
16 DR. BIJUNESH S.N,
ASSISTANT SURGEON, PRIMARY HEALTH CENTRE,
CHERAL, WAYANAD, RESIDING AT SANKAR NIVAS,
VILLAPPALLY, VATAKARA, KOZHIKODE-673 101
17 DR. ABDUL RASHEED KUNNUMMAL,
KUNNUMMEL HOUSE, THACHINGANADAM P.O, PATTIKKAD,
MALAPPURAM DISTRICT-679 325
18 DR. BILAY BHASKAR,
S/O. BASKARA PILLAI, MAYAPPALLIL HOUSE,
PARAKODE P.O, ADOOR-691 554
19 DR. DAWN MOHAN,
JUNIOR CONSULTANT, COMMUNITY HEALTH CENTRE,
PEERUMEDE, RESIDING AT 102/JOURNALIST COLONY,
M.C.C. NAGAR, PEROORKADA, TRIVANDRUM-695 005
20 DR. AJITH KOTTUPARAMBIL,
S/O. VELAYUDHAN, KOTTUPARAMBIL HOUSE,
KOTTAKKAL P.O, MALAPPURAM DISTRICT-676 503
21 MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-1, DWARAKA, PHASE -1,
NEW DELHI-110 077, REPRESENTED BY THE REGISTRAR.
R21 BY SRI.TITUS MANI VETTOM, SC, MEDICAL
COUNCIL OF INDIA
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
4
RP.No.565 OF 2019 IN WA. 2055/2018
ORDER
A.K.JAYASANKARAN NAMBIAR, J.
The review petition has been filed seeking a review of the judgment dated 17.10.2018 in W.A.No.2055/2018. By the aforesaid judgment, the writ appeal preferred by various doctors, who were aggrieved by the judgment of the learned Single Judge that dismissed their writ petition challenging a notice dated 22.05.2015 of the Travancore-Cochin Medical Council, was partly allowed by quashing some of the directions in the said notice. In the said notice, the State Medical Council had issued directions to persons such as the petitioners who had obtained qualifications such as "M.D. Physician", "M.D.", "Doctor of Medicine" etc. from Foreign Universities, to change their letter heads and name boards and to indicate clearly thereon that the degree obtained by them was equivalent to the degree of MBBS in India. The notice also required the petitioner doctors to furnish a compliance before the Registrar of Travancore- Cochin Medical Council.
2. The appeal was heard in detail and disposed by the judgment aforementioned with the reasons contained in paragraphs 6,7 & 8, that read as follows:-
"6. It is worth noting that the learned Standing Counsel Sri.N.RaghuRaj appearing for the Travancore -Cochin Medical Council has failed to show us any provision which permits the State Medical Council to require the doctors, who qualified from foreign institution, to display in their name board or in their letter heads that, their degree of M.D.Physician is, equivalent to the MBBS degree. The counsel however, submits that if such indication is not given in the name boards and in the letter heads, there is every possibility of the public or patients being misguided as to the qualification of the doctor and they might erroneously consider the concerned doctor to be specialist or a doctor with Post Graduate degree in Medicine.5 RP.No.565 OF 2019 IN WA. 2055/2018
7. The perceived misunderstanding regarding the qualification of the doctor may not by itself, be a justification for the State Medical Council to insist on the doctors, who have obtained their degree from foreign institution, to make changes in their name boards or in their letter heads since it is not the case of the State Medical Council that the doctors had not obtained the displayed degrees or they attempted to mislead the public. In fact, the doctors were displaying their precise qualification in their prescriptions as well as in the name boards and the projected information appears to conform to the Ext.R2(b) communication of the MCI, issued on 16.07.2015.
8. For the above reasons, we feel that the impugned judgment to the extent it upholds Exts.P13 and P14 of the State Medical Council, requiring the doctors to effect changes in their letter heads and name boards, is not supported by the MCI Regulations or the guidelines issued by the MCI. We, therefore, set aside that part of the impugned judgment. It is nevertheless made clear that the writ petitioners/appellants should submit their Registration Certificates to the State Medical Council to obtain an endorsement thereon to the effect that their degree of M.D. Physician or similar degree from foreign university, is equivalent to the MBBS degree in India. It is ordered accordingly."
3. Arguing for the review petitioners, the learned senior counsel Sri. Gopakumaran Nair would point out that, there is an inconsistency in the directions given by this Court in the judgment dated 17.10.2018 in W.A.No.2055 of 2018, in that, while this Court had directed the writ petitioners to submit their Registration Certificates to the State Medical Council to obtain an endorsement thereon to the effect that their degree of M.D (Physician) or similar degree from a Foreign University is equivalent to the MBBS Degree in India, this Court did not deem it necessary to uphold that portion of the notice of the State Medical Council, that required the doctors to effect changes in their letter heads and name boards.
4. On a consideration of the said argument of learned senior counsel, we find that, our decision to interfere with only some of the directions issued by the State Medical Council was in the light of the 6 RP.No.565 OF 2019 IN WA. 2055/2018 Medical Council of India Regulations that held the field. It was found by this Court that, the directions that required the doctors to effect changes in their letter heads and name boards was not supported by the Medical Council of India Regulations or any of the guidelines issued by the Medical Council of India, and hence such directions could not have been issued by the State Medical Council either. At any rate, the correctness of the said finding cannot be urged before us in a review petition, since it is trite that the exercise of power of review under Article 226 of the Constitution of India is not without limits, and this Court cannot in exercise of the power of review hear the writ appeal all over again. The remedy of the petitioners lies in impugning the judgment before the appellate court.
Accordingly, we are of the view that, the petitioners have not made out a case for review of the judgment dated 17.10.2018. The review petition therefore fails, and is accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
SATHISH NINAN JUDGE hmh