Suhaiba Ameera vs State Of Kerala
2021 Latest Caselaw 15341 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                    WP(C) NO. 13177 OF 2021
PETITIONERS :-

    1     SUHAIBA AMEERA, AGED 38 YEARS
          W/O.MUHAMMED RAJEES, RAINBOW HOUSE,
          ARTILLERY ROAD, KANNUR-670 001.

    2     GREESHMA PRASAD,
          SOUPARNIKA, KAKKAKUNNU P.O., SOORANADU SOUTH,
          KOLLAM-690 522.

          BY ADV M.S.RADHAKRISHNAN NAIR


RESPONDENTS :-

    1     STATE OF KERALA,
          REPRESENTED BY THE PRINCIPAL SECRETARY,
          HEALTH AND FAMILY WELFARE DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    2     KERALA UNIVERSITY OF HEALTH AND SCIENCE,
          REPRESENTED BY ITS REGISTRAR, UNIVERSITY COMPLEX,
          THRISSUR-680 596.

    3     THE NATIONAL MEDICAL COMMISSION,
          REPRESENTED BY ITS SECRETARY, DWARAKA,
          PHASE 1, NEW DELHI-110 077.

    4     THE PRINCIPAL,
          KANNUR MEDICAL COLLEGE,
          ANJARAKANDY, KANNUR-670 612.

    5     THE TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE,
          REPRESENTED BY ITS SECRETARY,
          COMBINED COUNCIL BUILDING, RED CROSS ROAD,
          THIRUVANANTHAPURAM-695 035.
 WP(C) NO. 13177 OF 2021

                             -: 2 :-

           BY ADVS.
           SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA
           SRI.N.RAGHURAJ
           SRI.BIJOY CHANDRAN, SR.GP
           SRI.P.SREEKUMAR, SC FOR R2


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13177 OF 2021

                                       -: 3 :-

                                  JUDGMENT

Dated this the 22nd day of July, 2021

This writ petition is filed seeking the following reliefs :-

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the third respondent to upload/publish recognition of MD(DVL) Course conducted by respondents 2 and 4 in the website of third respondent on the basis of Ext.P3 without further delay.

(ii) To declare that MD(DVL) Course conducted by respondents 2 and 4 are recognized on the basis of Ext.P3 issued by the third respondent.

(iii) Issue a writ of mandamus or any other appropriate writ order or direction directing the fifth respondent to register the petitioners' additional qualification with them on the bsis of Ext.P3."

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel appearing for the 3 rd respondent as well as

the learned counsel for the 2nd and 5th respondents.

3. It is submitted that the petitioners have completed the

MD(DVL) Course conducted by the 4th respondent college. It is

submitted that by Ext.P3 proceedings dated 30.8.2019, the MD(DVL)

qualification for one seat granted by the 2 nd respondent University at

the 4th respondent college had been recognised by the Board of

Governors of the Medical Council. It is submitted that the said WP(C) NO. 13177 OF 2021

qualification has now been entered in the list maintained by the PG

Medical Board of the Medical Council.

4. The learned Standing Counsel appearing for the 3 rd

respondent would submit that the qualification of MD(DVL) in the 4 th

respondent college on the basis of the permission granted by the 2 nd

respondent stands recognised and that the further steps will be taken

in accordance with law, without delay.

Having considered the contentions advanced on all sides, I

am of the opinion that the 3rd respondent is duty bound to take

appropriate steps to enter the qualification as recognised by Ext.P3 in

the list maintained by the PG Medical Board of the 3 rd respondent

without further delay. There will, accordingly, be a direction to the

3rd respondent to correct the list maintained by the PG Medical Board

of the 3rd respondent by including the qualification as recognised in

Ext.P3, within one month from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/26.7.2021 WP(C) NO. 13177 OF 2021

APPENDIX OF WP(C) 13177/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY THE SECOND RESPONDENT TO THE 1ST PETITIONER DATED 30.08.2019.

Exhibit P2 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY THE SECOND RESPONDENT TO THE 2ND PETITIONER DATED 28.01.2021.

Exhibit P3 TRUE COPY OF THE LETTER ENDT. NO.MCI-

68(22)/2019/MCI/42821 DATED 30.08.2019 ISSUED BY THE THIRD RESPONDENT WITH TRUE TYPED COPY.

Exhibit P4 TRUE COPY OF THE LETTER NO.C4 26819/2019/MC DATED 30.11.2019 ISSUED BY THE 5TH RESPONDENT.