Kerala High Court
Nisha Mohan Tinku vs The Registrar on 7 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943
WP(C).No.18548 OF 2018(P)
PETITIONER:
NISHA MOHAN TINKU,
W/O TINKU DEVARAJAN,
AGED 35 YEARS,
PUTHENVILAYIL HOUSE,
MALLASSERY P.O.,
PATHANAMTHITTA,
KERALA-689 646,
PRESENTLY WORKING AT EVERSLEY MEDICAL CENTRE,
501 LONDON ROAD, CROYDON, CR7 6AR,
LONDON, U.K.,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
MRS. PHILOMINA SIVALAYAM DEVARAJAN,
AGED 58 YEARS, W/o. DEVARAJAN,
PUTHENVILAYIL HOUSE,
MALLASSERY P.O.,
PATHANAMTHITTA, KERALA-689 646.
BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU)
RESPONDENT:
THE REGISTRAR,
THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE,
COMBINED COUNCIL BUILDING,
RED CROSS ROAD,
THIRUVANANTHAPURAM-695 035.
R1 BY ADV. SRI.N.RAGHURAJ, SC, TCMC KNMC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.18548/2018
2
JUDGMENT
Dated this the 07th day of April, 2021
This writ petition has been filed by the petitioner
seeking to command the respondent to grant provisional
registration under Section 25(1) of the Indian Medical
Council Act, 1956 to the petitioner.
2. When this writ petition was taken up for hearing
today, it is noted that the petitioner has filed Ext.P12
application for permanent foreign registration to the
Travancore-Cochin Council of Modern Medicine on
11.10.2020.
3. In the circumstances, this Court is of the
considered opinion that a judgment on merits is not
warranted by this Court at this stage and that the writ
petition can be disposed of with appropriate direction to the
Travancore-Cochin Medical Council.
WP(C).No.18548/2018
In the circumstances, the writ petition is disposed of
directing the Travancore-Cochin Council of Modern
Medicine to consider Ext.P12 application within a period of
2 months.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C).No.18548/2018
APPENDIX OF WP(C) 18548/2018
PETITIONER'S EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE MBBS DEGREE CERTIFICATE OF
THE PETITIONER ISSUED BY THE INTERNATIONAL
UNIVERSITY OF THE HEALTH SCIENCE (IUHS),
ST.KITTS, WEST INDIES.
EXHIBIT P2: TRUE COPY OF THE ELIGIBILITY CERTIFICATE
ISSUED BY THE MEDICAL COUNCIL OF INDIA TO
THE PETITIONER.
EXHIBIT P3: TRUE COPY OF THE SCREENING TEST RESULT
ISSUED BY THE NATIONAL BOARD OF EXAMINATION
TO THE PETITIONER.
EXHIBIT P4: TRUE COPY OF THE RELEVANT EXTRACT OF WORLD
DIRECTORY OF MEDICAL SCHOOLS PUBLISHED BY
WORLD HEALTH ORGANIZATION.
EXHIBIT P5: A TRUE COPY OF THE LETTER DATED 2.5.2018
ISSUED BY THE RESPONDENT.
EXHIBIT P6: TRUE COPY OF THE JUDGMENT DATED 29.8.2014
IN W.A.NO.1981/2012.
EXHIBIT P7: A TRUE COPY OF THE JUDGMENT DATED 14.7.2017
IN WPC NO.21978/2017.
EXHIBIT P8: A TRUE COPY OF THE CERTIFICATE OF
PROVISIONAL REGISTRATION DATED 23.02.2019
ISSUED BY THE RESPONDENT.
EXHIBIT P9: A TRUE COPY OF THE COMPULSORY ROTATIONAL
INTERNSHIP CERTIFICATE DATED 21.12.2019
ISSUED BY KIMS HOSPITAL, TRIVANDRUM.
EXHIBIT P10: A TRUE COPY OF THE ORDER NO.M.C.5/546/19
DATED 21.12.2019.
EXHIBIT P11 A TRUE COPY OF THE COMPULSORY ROTATIONAL
INTERNSHIP CERTIFICATE DATED 09.08.2020
ISSUED BY THE DISTRICT MEDICAL OFFICER OF
HEALTH, KOTTAYAM.
EXHIBIT P12 A TRUE COPY OF THE ACKNOWLEDGEMENT
DOWNLOADED FROM THE WEBSITE OF THE
RESPONDENT WITH RESPECT TO THE APPLICATION
FOR PERMANENT REGISTRATION OF THE
PETITIONER.
WP(C).No.18548/2018
RESPONDENT'S EXHIBITS:
ANNEXURE R1(a) A TRUE PHOTOCOPY OF THE RESOLUTION DATED
09.03.2018.
ANNEXURE R1(b) A TRUE PHOTOCOPY OF THE LETTER DATED
06.02.2018 ISSUED BY THE REGISTRAR OF THE
RESPONDENT TO THE SECRETARY OF MCI.
SR
