Deepthy.B.J vs National Medical Commission

Kerala High Court

Deepthy.B.J vs National Medical Commission on 23 May, 2024

WP(C) No.42388/2023                       1/2

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                   THE HONOURABLE MR. JUSTICE ZIYAD RAHMAN A.A.
             Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
                           WP(C) NO. 42388 OF 2023 (W)
   PETITIONER:

          DEEPTHY.B.J, AGED 46 YEARS, SUDARASSERIL HOUSE, SUDHIKKAVALA,
          KAKKAVAYAL, WAYANAD DISTRICT, PIN - 673122

   RESPONDENTS:

      1. NATIONAL MEDICAL COMMISSION THE NATIONAL MEDICAL COMMISSION,
         POCKET-14, SECTOR-8, DWARAKA, PHASE-1, NEW DELHI REPRESENTED BY ITS
         DIRECTOR, PIN - 110077
      2. THE UNDER GRADUATE MEDICAL EDUCATION BOARD, THE NATIONAL MEDICAL
         COMMISSION, POCKET-14, SECTOR-8, DWARAKA, PHASE-1, NEW DELHI
         REPRESENTED BY ITS CHAIRMAN, PIN - 110077
      3. KERALA UNIVERSITY OF HEALTH SCIENCES THE KERALA UNIVERSITY OF HEALTH
         SCIENCE MEDICAL COLLEGE P.O., THRISSUR REPRESENTED BY THE REGISTRAR,
         PIN - 680596


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to:

        i. stay the operation of Exhibit P5 to the extent it limits
   Examinership to faculties possessing MBBS degree only, pending disposal of
   the Writ Petition.

        ii. direct the 3rd respondent University to include the petitioner
   and other non-medical faculties as examiners pursuant to Exhibit P5
   guidelines, pending disposal of the Writ Petition.


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this court's order dated
   22.12.2023 and upon hearing the arguments of M/S.SAIJO HASSAN, NAGARAJ
   NARAYANAN, BENOJ C AUGUSTIN, RAFEEK. V.K., DEVI.R.SENS, SARITHA K.,
   SANGEETH MOHAN, ABRAHAM J. KANIYAMPADY & PHILLIP VARGHESE THOMAS,
   Advocates for the petitioner,and of SRI.K.S.PRENJITH KUMAR, STANDING
   COUNSEL for R3, the court passed the following:
 WP(C) No.42388/2023                             2/2



                                           ORDER

In the light of the judgment passed by this Court in WP(C)No.34567/23, in similar circumstances, I am inclined to pass an interim order.

Accordingly, it is ordered that, there shall be a direction to the respondents to permit the petitioner to register as Examiner provisionally, provided that she was carrying out her duties as Examiner prior to 01.08.23.

Post on 30.5.24, along with connected cases.

Sd/- ZIYAD RAHMAN A.A., JUDGE 23-05-2024 /True Copy/ Assistant Registrar