Kerala High Court
Dr. Akash Rajeev vs National Medical Commission on 19 February, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:13910
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2025 / 30TH MAGHA, 1946
WP(C) NO. 41939 OF 2024
PETITIONER:
DR. AKASH RAJEEV
AGED 38 YEARS
S/O. RAJEEV SADASIVAN PILLAI,
HOUSE NO. KRRA 57, RAMALAKSHMI,
KANNANTHODATHU ROAD, EDAPPALLY P.O.,
ERNAKULAM DISTRICT,
REPRESENTED BY THE POWER OF ATTORNEY HOLDER MR.
RAMU RAJENDRAN, AGED 39 YEARS,
ADVOCATE, S/O. N. RAJENDRAN,
HOUSE NO. 37/747 B, RAMALAKSHMI,
KANNANTHODATHU ROAD, EDAPPALLY P.O.,
ERNAKULAM DISTRICT, PIN - 682024
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
KAVYA VARMA M. M.
RESPONDENTS:
1 NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS CHAIRMAN,
POCKET 14, SECTOR 8,
DWARAKA PHASE -1, NEW DELHI,
PIN - 110077
2 SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL
SCIENCE AND TECHNOLOGY
2025:KER:13910
WP(C) NO.41939 of 2024
2
JAI NAGAR, W. ROAD, CHALAKKUZHI,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR,
PIN - 695011
3 GOVERNMENT OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF HEALTH & FAMILY WELFARE,
ROOM NO. 402-D, NIRMAN BHAWAN,
NEW DELHI, PIN - 110011
4 KERALA STATE MEDICAL COUNCILS
REPRESENTED BY THE REGISTRAR,
COMBINED COUNCIL BUILDING,
RED CROSS ROAD, JAI VIHAR, KUNNUKUZHY,
THIRUVANANTHAPURAM, PIN - 695035
BY ADVS.
K.S.PRENJITH KUMAR,STANDING COUNSEL
VIVEK MENON,STANDING COUNSEL
V.SAJITHKUMAR,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.41939 of 2024
3
JUDGMENT
Dated this the 19th day of February, 2025 The petitioner is before this Court aggrieved by the non- inclusion of Post-doctoral Certificate Course in Vascular Surgery offered by the 2nd respondent-Sree Chitra Tirunal Institute for Medical Science and Technology in the list of qualifications recognised in Exts.P5 and P6 Regulations. The petitioner states that the non-inclusion has prejudiced the right of the petitioner in registering the said qualification as an additional qualification with the 4th respondent.
2. The petitioner states that when all medical qualifications offered by the 2 nd respondent-Institute have been recognised as early in the year 2011 and added in the Schedule to National Medical Commission Act, 2019, the non- inclusion of the said Course in Exts.P5 and P6 Regulations is bad and arbitrary.
2025:KER:13910 WP(C) NO.41939 of 2024 4
3. From the arguments raised at the Bar, I find that the Government of India, Ministry of Health and Family Welfare has issued notification S.O.5286(E) dated 14.11.2022, whereunder the Central Government after considering the recommendation of the National Medical Commission has added all medical qualifications granted by the 2nd respondent-Institute, in the Schedule of the Act, 2019.
4. The difficulty faced by the petitioner appears to be for the reason that in Ext.P5 Post Graduate Medical Education Regulations, 2023, the qualification of Post-doctoral Certificate in Vascular Surgery is not specifically included.
5. The Standing Counsel for the National Medical Commission would point out that in the National Medical Commission (Recognition of Medical Qualification) Regulations, 2023 (Ext.P6), Regulation 5(iii) takes in the list of categories of the Medical Qualifications granted by Statutory Body or other body in India as per the Schedule to the 2025:KER:13910 WP(C) NO.41939 of 2024 5 National Medical Commission Act, 2019.
6. Further more, the National Medical Commission has filed a statement dated 17.02.2025 before this Court, wherein it is specifically stated that Regulation 5(iii) of the National Medical Commission (Recognition of Medical Qualification) Regulations, 2023 provides that the list of the categories of Medical Qualifications granted by Statutory Body or other body in India as per the Schedule to the National Medical Commission Act, 2019 will be recognised medical qualifications. Hence, all the qualifications of the 2 nd respondent should be considered for registration as additional qualification by the State Medical Council.
7. In view of Ext.P6 Regulation and in view of the specific stand taken by the National Medical Commission in its statement dated 17.02.2025, the 4th respondent is bound to recognise all the qualifications of the 2nd respondent for the purpose of registration as additional qualification by State 2025:KER:13910 WP(C) NO.41939 of 2024 6 Medical Council.
8. In view of the afore facts, the writ petition is disposed of holding that the 4th respondent is bound to accept the Post-doctroal Certificate in Vascular Surgery issued by the 2nd respondent-Institute as an additional Post-doctoral qualification.
If the petitioner makes an application for inclusion of the petitioner's qualification of Post-doctoral Certificate in Vascular Surgery, then the 4th respondent shall consider the application and enable registration of the qualification of the petitioner, if the application satisfies all other parameters.
Sd/-
N.NAGARESH JUDGE hmh 2025:KER:13910 WP(C) NO.41939 of 2024 7 APPENDIX OF WP(C) 41939/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE CIRCULAR NO.
DAA/1/01/ ACADEMIC ORDERS/MCI/ SCTIMST/15 DATED 12.03.2015 ISSUED BY THE DEAN OF THE 2ND RESPONDENT INSTITUTE Exhibit P1(a) A TRUE COPY OF THE RELEVANT PAGES OF THE LIST OF INSTITUTIONS OF NATIONAL IMPORTANCE AS DOWNLOADED FROM THE OFFICIAL WEBSITE OF MINISTRY OF EDUCATION, GOVERNMENT OF INDIA (HTTPS://WWW.EDUCATION.GOV.IN/INSTITUT IONS-NATIONAL-IMPORTANCE) Exhibit P2 TRUE COPY OF THE POST-DOCTORAL CERTIFICATE AND THE CERTIFICATE OF TRANSCRIPT OF MEDICAL EDUCATION DATED 12.01.2022 ISSUED BY THE 2ND RESPONDENT INSTITUTE TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY (AMENDMENT) REGULATIONS, 2011 DATED 20.12.2011 Exhibit P4 A TRUE COPY OF THE PUBLIC NOTICE DATED 15.12.2022 ISSUED BY THE SECRETARY OF 1ST RESPONDENT ALONG WITH THE ENCLOSURE Exhibit P5 A TRUE COPY OF THE POST GRADUATE MEDICAL EDUCATION REGULATIONS, 2023 DATED 29TH DECEMBER 2023 PUBLISHED IN THE GAZETTE BY THE NATIONAL MEDICAL COMMISSION 2025:KER:13910 WP(C) NO.41939 of 2024 8 Exhibit P6 A TRUE COPY OF THE NATIONAL MEDICAL COMMISSION (RECOGNITION OF MEDICAL QUALIFICATION) REGULATIONS, 2023 DATED 29TH DECEMBER 2023 PUBLISHED IN THE GAZETTE BY THE NATIONAL MEDICAL COMMISSION Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 30.09.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH THE TRACK CONSIGNMENT DETAILS