Kerala High Court
Dr.K.Subramanya Bhat vs Travancore And Cochin Medical ... on 31 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943
WP(C) NO. 11413 OF 2021
PETITIONER:
DR.K.SUBRAMANYA BHAT
0
AGED 57 YEARS
S/O.LATE DR.K.K.BHAT, SHRIVARI HOUSE, MAVUNGAL,
KANHANGAD, KASARGOD DISTRICT.
BY ADVS.
SURESH KUMAR KODOTH
K.P.ANTONY BINU
RESPONDENTS:
1 TRAVANCORE AND COCHIN MEDICAL COUNCIL
REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD,
THIRUVANANTHAPURAM - 695 035.
2 THE NATIONAL MEDICAL COMMISSION
REP. BY ITS REGISTRAR, POCKET-14 SECTOR-8, DWARAKA
PHASE-1, NEW DELHI - 110 077.
3 THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND
FAMILY WELFARE, NEW DELHI - 110 001.
4 DR.T.V.PADMANABHAN
THEKKEVEETTIL, LAKSHMI NAGAR, KANHANGAD, KASARGOD
DISTRICT - 671 315.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.11413 of 2021
ANU SIVARAMAN, J.
----------------
W.P.(C) No.11413 of 2021
------------------
Dated this the 31st day of May, 2021
JUDGMENT
1. This writ petition is filed challenging Ext.P26 order issued by
the 1st respondent and seeking a further declaration that the
petitioner is entitled to practice as Sonologist and conduct
an ultrasound clinic in accordance with registration under
the provisions of the Pre-Conception and Pre-Natal
Diagnostic Techniques Act, Pre-Conception and Pre-Natal
Diagnostic Techniques Rules and the Pre-Conception and
Pre-Natal Diagnostic Techniques (Prohibition of Sex
Selection) (Six Months Training) Rules, 2014.
2. Heard the learned counsel for the petitioner, the learned
standing counsel appearing for the 1st respondent, the
learned counsel for the 2nd respondent and the learned ASGI
appearing for the 3rd respondent. Notice to the 4 th
respondent is dispensed with, in view of the directions being
issued.
W.P.(C) No.11413 of 2021
3. The petitioner contends that Ext.P26 order is vitiated by
bias and prejudice, and that it cannot survive in the light of
the Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) (Six Months Training) Rules,
2014 and Ext.P11 interim order of the Apex Court. Reliance
is placed on Rule 3.3 of the Rules to contend that the
petitioner is eligible to use the title 'Consultant Sonologist',
since he is a medical practitioner having undergone training
in ultra sonology and having long experience in the field.
4. The learned standing counsel appearing for the 1 st
respondent submits that Ext.P26 is an appealable order and
as the contentions urged in challenge to the order are
substantially on the merits of the matter, it is only
appropriate that the petitioner be relegated to the appellate
remedy available before the 2nd respondent.
5. The learned counsel appearing for the 2 nd respondent
submits that appeals are being accepted online by the 2 nd
respondent and the matter can be considered by the 2 nd
respondent in accordance with law.
W.P.(C) No.11413 of 2021
6. Having considered the contentions advanced on all sides, I
am of the opinion that this is a fit case where the petitioner
is to be required to approach the appellate authority, that is
the 2nd respondent, in terms of the Indian Medical Council
(Professional Conduct, Etiquette and Ethics) Regulations,
2002.
7. In the above view of the matter, there will be a direction
that in case the petitioner submits an appeal before the 2nd
respondent, online, within a week from the date of receipt
of a copy of this judgment, the appeal shall be considered,
at least for the purpose of interim orders, within ten days
thereafter. The petitioner shall be put on notice and heard
by any appropriate means, including through video
conferencing before orders are passed within ten days, as
directed above. The publication and implementation of
Ext.P26 impugned order shall be kept in abeyance for a
period of three weeks to enable the filing of the appeal and
the consideration of the interim relief by the 2nd respondent.
With the above directions, the writ petition is disposed of.
sd/-
sj ANU SIVARAMAN, JUDGE
W.P.(C) No.11413 of 2021
APPENDIX OF WP(C) 11413/2021
ANNEXURE/EXHIBITS
Exhibit P1 TRUE COPIES OF THE DEGREE CERTIFICATE
AWARDED IN THE YEAR 1987 FROM KASTURBA
MEDICAL COLLEGE, IN MANGALORE UNIVERSITY.
Exhibit P2 TRUE COPY OF ENROLLMENT ON THE ROLL OF THE
KARNATAKA MEDICAL COUNCIL ON 08.03.1988.
Exhibit P3 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 25.07.2007.
Exhibit P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
DEPARTMENT OF RADIOLOGY AND IMAGING
SCIENCES.
Exhibit P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
DEPARTMENT OF OBG ON ADVANCED TECHNIQUES ON
OBSTETRICS AND GYNECOLOGY.
Exhibit P6 TRUE COPY OF THE CERTIFICATE OF DIPLOMA IN
ULTRASONOGRAPHY FROM ANNAMALAI UNIVERSITY.
Exhibit P7 TRUE COPY OF THE CERTIFICATE OF MASTER OF
SCIENCE IN DIAGNOSTIC ULTRASONOGRAPHY IN
THE EXAMINATION HELD IN MAY 2011.
Exhibit P8 TRUE COPY OF THE PG DIPLOMA CERTIFICATE
ISSUED BY ANNAMALAI UNIVERSITY IN HEALTH
SCIENCE IN ECHO CARDIOLOGRAPHY.
Exhibit P9 TRUE COPY OF THE CERTIFICATE WITH REG
NO.27066 ISSUED BY GOVERNMENT OF KARNATAKA.
Exhibit P10 TRUE COPY OF THE REGISTRATION UNDER PNDT
ACT,1994.
Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED
14.03.2018 IN SLP (C) NOS.16657-16659 OF
THE HONOURABLE SUPREME COURT.
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 02.07.2008
IN WPC.19948/2008.
Exhibit P13 TRUE COPY OF THE ORDER DATED 30.08.2008
W.P.(C) No.11413 of 2021
ISSUED BY 1ST RESPONDENT.
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 19/12/2013
IN WPC 30366/2018.
Exhibit P15 TRUE COPY OF THE LETTER DATED 20.09.2019
ISSUED BY IMA TO 1ST RESPONDENT.
Exhibit P16 TRUE COPY OF THE LETTER DATED 22/04/2019
ISSUED BY IMA TO 5TH RESPONDENT.
Exhibit P17 TRUE COPY OF THE COMPLAINT DATED 03.04.2019
FILED BY 5TH RESPONDENT TO THE 1ST
RESPONDENT.
Exhibit P18 TRUE COPY OF COVERING LETTER DATED
23.09.2019 ENCLOSING STATEMENT AND ARGUMENT
NOTES.
Exhibit P19 TRUE COPY OF JUDGMENT DATED 22.10.2019 IN
WPC NO.26536/2019.
Exhibit P20 TRUE COPY OF NOTES OF HEARING DATED
16.11.2019.
Exhibit P21 TRUE COPY OF THE NOTICE DATED 20.08.2020
ISSUED BY THE FIRST RESPONDENT WITH ENGLISH
TRANSLATION.
Exhibit P22 TRUE COPY OF JUDGMENT DATED 23.09.2020 IN
WPC NO.19640/2020.
Exhibit P23 TRUE COPY OF THE RECOMMENDATION DATED
16.11.2019 OF THE ETHICS COMMITTEE WITH
ENGLISH TRANSLATION.
Exhibit P24 TRUE COPY OF THE MODERN COUNCIL, DATED
03.07.2020 WITH ENGLISH TRANSLATION.
Exhibit P25 TRUE COPY OF REPLY DATED 14.10.2020.
Exhibit P26 TRUE COPY OF ORDER DATED 17/05/2021 ISSUED
BY 1ST RESPONDENT WITH ENGLISH TRANALATION.
True copy
Ps to Judge
