V. Abdul Majid vs Union Of India (Uoi)
2002 Latest Caselaw 417 Del

JUDGMENT

Manmohan Sarin, J.

Rule.

With the consent of the parties, writ petition is taken up for disposal.

1. The petitioner has filed this writ petition seeking writ of certiorari Along with the writ of mandamus calling for the records from the respondents pertaining to the petitioner's application seeking authentication of the Baccalaureate Programme in Optometry completed by the petitioner in the Elite school of Optometry, a unit of the Medical Research Foundation of Chennai. Petitioner's case succinctly put is that Medical Research Foundation which is duly recognised by the Medical Council of India, has established a unit called the Elite school of Optometry in September 1985, to train a cadre of Para Professional personnel in the subject.

2. The petitioner it is stated duly completed the course in optometry at the Elite school. Counsel for the petitioner contends that since the Shankara Nethralaya Medical Research Foundation is duly affiliated to Dr. M.G.R. University and recognised by the Medical Council of India, the said course completed by the petitioner deserves to be authenticated by the UOI. Counsel for the petitioner submits that petitioner is an aspirant for a job in Soudi Arabia. However, they are insisting on authentication by the Ministry of Human Resources and Development, to enable the petitioner to be considered for appointment.

3. I have heard learned counsel for the respondent in opposition. He submits that the course in Optometry is rather in the nature of technical course and not a course of medicine as recognised in the first schedule of the Medical Council Act. It is correct that course in Optometry from the Elite school, which is a unit of the Medical Research Foundation, does not find a mention in the first schedule of recognized medical qualification under the Indian Medical Council Act. Besides, it appears to me that recognition of an institute by the Indian Medical Council as a medical college by itself may not be sufficient. What is required further is the recognition of the individual course, which is missing in the present case.

4. In these circumstances, even though the petitioner happens to be an aspirant in a foreign country, no such direction as is sought to the UOI for authentication can be given, unless the course is otherwise recognised by Medical Council of India.

5. Writ petition has no merit and is dismissed.