Kerala High Court
Dr.Pyari T T vs The Medical Council Of India on 8 December, 2008
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
FRIDAY, THE 29TH DAY OF JUNE 2012/8TH ASHADHA 1934
WP(C).No. 14437 of 2012 (D)
---------------------------
PETITIONER:
-----------
DR.PYARI T T,
IST YEAR MD, DEPARTMENT OF COMMUNITY MEDICINE,
MEDICAL COLLEGE, KOTTAYAM, RESIDING AT TC -15/773,
REJEEVAN GARDENS, PALOTTUKONAM,
SASTHAMANGALAM P.O.,THIRUVANANTHAPURAM -695 010.
BY ADVS.SRI.R.RAJASEKHARAN PILLAI
SMT.SABINA JAYAN
RESPONDENT(S):
--------------
1. THE MEDICAL COUNCIL OF INDIA
NEW DELHI REPRESENTED BY ITS CHAIRMAN POCKET -14,
SECTOR -8, DWARAKA PHASE -1, NEW DELHI -110077.
2. THE KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCES,
TRISSUR, REPRESENTED BY ITS VICE CHANCELLOR,PIN:680 001.
3. THE DIRECTOR OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM-695 001.
4. THE PRINCIPAL,
GOVT.MEDICAL COLLEGE, KOTTAYAM-686 001.
BY ADV.SRI.ALEXANDER THOMAS, SC, MCI
BY SRI.ROSHAN.D.ALEXANDER, GOVERNMENT PLEADER
BY SRI.P.SREEKUMAR,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AS
WP(C).No. 14437 of 2012 (D)
APPENDIX
PETITIONER(S) EXHIBITS:
EXT.P-1: COPY OF THE RELEVANT EXTRACT OF THE PROSPECTUS FOR
ADMISSION TO MEDICAL PG COURSES 2011.
EXT.P-2: COPY OF THE DOCUMENT RECOGNIZING THE PETITIONER'S
MPH ISSUED BY THE 1ST RESPONDENT.
EXT.P-3: TRUE COPY OF THE POST GRADUATE MEDICAL EDUCATION
REGULATIONS WITH AMENDMENTS UPTO 2012.
EXT.P-4: COPY OF THE DEGREE CERTIFICATE OF THE PETITIONER FROM
THE SCTIMST.
EXT.P-5: COPY OF THE CERTIFICATE OF THE PETITIONER'S
EXPERIENCE IN COMMUNITY MEDICINE WHILE WORKING WITH THE
WHO DATED 8.12.2008.
EXT.P-6: COPY OF THE CERTIFICATE CONFERRING FELLOWSHIP ON THE
PETITIONER ISSUED BY THE CHRISTIAN MEDICAL COLLEGE,
VELLOOR.
EXT.P-7: COPY OF THE REPRESENTATION DATED 12.1.2012 SUBMITTED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P-7A: COPY OF THE REPRESENTATION DATED 12.1.2012 SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
AS
T.R.RAMACHANDRAN NAIR, J.
--------------------------------------------------
W.P.(C)No.14437 Of 2012
--------------------------------------------------
DATED THIS THE 29th DAY OF JUNE, 2012
JUDGMENT
The petitioner herein is at present pursuing her Post Graduate Degree in Community Medicine and she has completed her first year of the Post Graduation. The main relief sought for in the Writ Petition is for a direction to the respondents to give her the benefit of reduction of one year for her MD Community Medicine Programme, reckoning her MPH Degree from Sree Chitra Tirunal Institute of Medical Sciences and Technology, Thiruvananthapuram and the Fellowship granted by Christian Medical College , Velloor and also her experience and contribution as Medical Advisor to RNTCP under the WHO.
2. Exhibits P7 and P7(a) are the representations pending in the matter before the 1st and 2nd respondents respectively.
3. Heard the learned counsel for the petitioner, the learned Standing Counsel for the 1st respondent-Medical Council of India, the learned Standing Counsel for the 2nd respondent- University and the learned Government Pleader appearing for W.P.(C)No.14437/12 -2- respondents 3 and 4.
4. The issue will have to be considered in the light of the various regulations. The learned counsel for the 1st respondent submitted that in the light of the claim raised by the petitioner, various aspects will have to be examined, including the syllabus and course contents and whether the petitioner is eligible for the benefit of the proviso to Regulation 10(1) of the PG Medical Education Regulations, 2000.
5. There will be a direction to the 2nd respondent to forward a report to the 1st respondent, after examining the syllabus and other course contents, within a period of one month from today. Thereafter the 1st respondent will examine the matter in the light of the various aspects pointed out in the Writ Petition, the report made by the 2nd respondent and the concerned regulations and a final decision will be taken within a period of six weeks from the date of receipt of the report from the 2nd respondent. If the petitioner has not already produced the syllabus and curriculum of MPH Degree from Sree Chitra Tirunal Institute of Medical Sciences and Technology, Thiruvananthapuram,the same will be forwarded by the petitioner W.P.(C)No.14437/12 -3- to the 1st and 2nd respondents within a period of ten days.
The Writ Petition is disposed of as above.
Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn