Kerala High Court

Dr.Amol Arun Dhage vs Medical Council Of India on 2 November, 2021

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                   WP(C) NO. 20847 OF 2020
PETITIONER:

          DR.AMOL ARUN DHAGE
          AGED 35 YEARS
          S/O.ARUN DHAGE, AMBODA, HINGHANWADY P.O., TQ
          KARANJA LAD, WASHIM, MAHARASHTRA-444110,
          (M.CH.NEUROSURGERY STUDENT, MEDICAL COLLEGE,
          THRISSUR).

          BY ADV S.SUBHASH CHAND

RESPONDENTS:

    1     MEDICAL COUNCIL OF INDIA
          SECTOR 8, POCKET 14, DWARKA, NEW DELHI 110075,
          REPRESENTED BY ITS SECRETARY.

    2     THE SECRETARY,
          MEDICAL COUNCIL OF INDIA, SECTOR 8, POCKET 14,
          DWARAKA, NEW DELHI-110075.

    3     THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE,
          COMBINED COUNCIL BUILDING, RED CROSS ROAD,
          THIRUVANANTHAPURAM-695035, REPRESENTED BY ITS
          REGISTRAR.

    4     REGISTRAR,
          THE TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE,
          COMBINED COUNCIL BUILDING, RED CROSS ROAD,
          THIRUVANANTHAPURAM-695035.

 ADDL R5 THE NATIONAL MEDICAL COMMISSION,
         POCKET-14, SECTOR-8, DWARKA PHASE-1, NEWDELHI-
         110077, REPRESENTED BY ITS SECRETARY

          IS IMPLEADED AS PER ORDER DATED 03-11-2020 IN IA
          1/2020 IN WP(C)20847/2020.
 W.P.(C).No.20847/2020

                            2




 ADDL.R6 KERALA UNIVERSITY OF HEALTH SCIENCES
         MEDICAL COLLEGE P.O., THRISSUR, KERALA 680596,
         REPRESENTED BY ITS REGISTRAR


          IS IMPLEADED AS PER ORDER DATED 26.11.2021 IN
          IA 3/2020 IN WPC NO. 2-0847/2020.

          BY ADVS.
          SRI.TITUS MANI FOR R2
          SRI.N.RAGHURAJ, SC FOR R3
          SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
          HEALTH SCIENCES


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.20847/2020

                                 3




                  P.V.KUNHIKRISHNAN, J.
                   --------------------------------
                  W.P.(C).No.20847 of 2020
            ----------------------------------------------
        Dated this the 02nd day of November, 2021


                          JUDGMENT

Petitioner was undergoing M.Ch. Neurosurgery Course

in Government Medical College, Thrissur. He obtained primary

medical qualification namely Doctor of Medicine (equivalent to

MBBS in India) from the University of Seychelles American

Institute of Medicine, as evident by Ext.P1 certificate.

Thereafter, he appeared for the screening test for Indian

National with Foreign Medical qualification conducted by the

National Board of Examinations in September, 2009 and

passed the same with 66% marks and thus became eligible for

practicing modern medicine in India. Thereupon he was

granted registration by the 1st respondent, Medical Council of

India, and presently, his name is there in its register as evident

by Ext.P3 certificate. It is the case of the petitioner that he has

completed his Internship as evident by Ext.P4 Internship

certificate in Dr. Ram Manohar Lohia Hospital, New Delhi.

Thereafter, the petitioner worked for about four months in All W.P.(C).No.20847/2020

India Medical Sciences (AIMS), Hospital, New Delhi, as an

Emergency Resident Medical Officer and during that period,

he applied for and obtained registration with Delhi Medical

Council under the Delhi Medical Council Act, 1997 as evident

by Ext.P5 certificate. It is the case of the petitioner that on

both occasions, his credentials were verified by the Medical

Council of India and the Delhi Medical Council, before

granting registration. Later, the petitioner appeared for All

India P.G. Entrance Examinations and got admission for M.S.

in General Surgery in Government Medical College, Nagpur

and secured the Degree of M.S. in General Surgery, as evident

by Ext.P6 certificate. His qualifications were thereupon

registered with the Maharashtra Medical Council, Mumbai as

evident by Exts.P7 and P8 certificates. Subsequently, the

petitioner appeared for NEET SS 2018 conducted by the

National Board of Examinations and got selected in the Super

Specialty of Neurosurgery and admitted for pursuing the said

course for study in Government Medical College, Thrissur, as

evident by Exts.P9 and P10 documents. It is the case of the

petitioner that while he was continuing his study and the final

examination was scheduled in June, 2021, for the purpose of W.P.(C).No.20847/2020

writing the final examination, the petitioner required to

submit his thesis before the end of December, 2020. It is the

case of the petitioner that he could do so only on getting

registration with the Travancore-Cochin Council of Modern

Medicine, the 3rd respondent. In order to get said registration,

the petitioner submitted his application for registration on

17.05.2019, as evident by Ext.P11 acknowledgment. But,

despite repeated request, no final order has been passed. The

petitioner was not able to submit his thesis because of the

non-registration with the Travancore-Cochin Council of

Modern Medicine. In such circumstances, this writ petition is

filed.

2. When the writ petition came up for consideration

on 26.11.2020, this Court passed the following order:

"I.A.No.5/2020 There shall be a direction to the additional 6 th respondent to permit the petitioner to appear in the final year examination of M.Ch Neurosurgery and to allow him to submit his thesis since he has already got IMR registration, pending final orders in this writ petition."

5. Now it is submitted that the petitioner appeared for

the examination and the results are not published. W.P.(C).No.20847/2020

6. Today, when this writ petition came up for

consideration, the Standing Counsel who appeared for the 6 th

respondent University submitted that since the petitioner

already completed the course and wrote the examination, the

University has no objection in publishing the result, taking it

as a special case in the facts and circumstances of the case.

The Standing Counsel also submitted that the reason for

registration from the 3rd respondent is insisted because the

petitioner was continuing the course within the jurisdiction of

the 3rd respondent and now, since the course is already over,

the University has no objection in declaring the examination

result. The Standing Counsel for the 1 st respondent submitted

that no further registration from the 3 rd respondent is

necessary because the petitioner already registered with the

1st respondent. On the other hand, the Standing Counsel for

the 3rd respondent submitted that the 3rd respondent is trying

their level best to pass orders in the application for

registration submitted by the petitioner. The only problem

faced by the 3rd respondent is that necessary details are not

received from the University from which the petitioner

completed the course.

W.P.(C).No.20847/2020

7. I need not consider the above issue at this stage. It

is an admitted fact that the petitioner already completed the

course and wrote the examination. The University also has no

objection in declaring the results. In such circumstances,

without going to the merit of the case, this writ petition can be

disposed directing the 6th respondent to declare the result of

the petitioner and if he is qualified, issue necessary certificate.

Therefore, this writ petition is disposed in the following

manner:

1. The 6th respondent is directed to declare the

results of the examination in which the

petitioner appeared (M.Ch. Neurosurgery), as

expeditiously as possible, at any rate, within

two weeks from the date of receipt of a copy of

this judgment.

2. If the petitioner is qualified in the course,

necessary certificate also will be issued in

accordance with law, forthwith.

Sd/-

                                         P.V.KUNHIKRISHNAN
JV                                              JUDGE
 W.P.(C).No.20847/2020





                APPENDIX OF WP(C) 20847/2020

PETITIONER EXHIBITS
EXHIBIT P1        TRUE COPY OF THE DEGREE OF DOCTOR OF

MEDICINE (EQUIVALENT TO MBBS IN INDIA) CERTIFICATE DATED 22.05.2009 THUS ISSUED BY UNIVERSITY OF SEYCHELLES AMERICAN INSTITUTE OF MEDICINE.

EXHIBIT P2 TRUE COPY OF THE RESULT DATED 09.10.2009 OF THE NATION BOARD OF EXAMINATIONS.

EXHIBIT P3 TRUE COPY OF THE PROVISIONAL REGISTRATION CERTIFICATE DATED 25.02.2013 ISSUED BY RESPONDENT NO.1. EXHIBIT P4 TRUE COPY OF THE INTERNSHIP CERTIFICATE DATED 13.03.2014 ISSUED BY THE MEDICAL SUPERINTENDENT OF THE SAID HOSPITAL.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 21.05.2019 WHICH VALID UPTO 04.06.2024 ISSUED BY DELHI MEDICAL COUNCIL UNDER THE DELHI MEDICAL COUNCIL ACT, 1997.

EXHIBIT P6 TRUE COPY OF THE DEGREE CERTIFICATE OF MASTER OF SURGERY (GENERAL SURGERY) ISSUED BY THE VICE CHANCELLOR, MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES, NASHIK DATED 10.12.2018. EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 04.08.2014 GRANTED BY THE MAHARASHTRA MEDICAL COUNCIL, MUMBAI UNDER THE MAHARASHTRA MEDICAL COUNCIL ACT, 1965.

EXHIBIT P8 TRUE COPY OF THE ADDITIONAL MEDICAL QUALIFICATION REGISTRATION CERTIFICATE DATED 29.03.2019 ISSUED BY THE REGISTRAR, MAHARASHTRA MEDICAL COUNCIL, MUMBAI.

EXHIBIT P9 TRUE COPY OF THE RESULT OF NEET-2018 IN THE SPECIALTY OF NEUROSURGERY DATED 25.08.2018 ISSUED TO THE PETITIONER IN M.CH.NEUROSURGERY.

EXHIBIT P10 TRUE COPY OF THE ADMISSION LETTER DATED 25.08.2018 ISSUED TO THE PETITIONER IN M.CH.NEUROSURGERY.

W.P.(C).No.20847/2020

EXHIBIT P11 TRUE COPY OF THE ACKNOWLEDGMENT DATED 17.05.2019 ISSUED BY RESPONDENT NO.4 EVIDENCING THE RECEIPT OF THE APPLICATION FOR REGISTRATION SUBMITTED BY THE PETITIONER.

EXHIBIT P12 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 28.03.2019 ISSUED BY THE REGISTRAR, MAHARASHTRA MEDICAL COUNCIL.

EXHIBIT P13 TRUE COPY OF THE CHARTER OF UNIVERSITY OF SEYCHELLES AMERICAN INSTITUTE OF MEDICINE DATED 23.06.2000.

EXHIBIT P14 TRUE COPY OF THE CERTIFICATE DATED 12.06.2012 ISSUED BY THE CHIEF EXECUTIVE OFFICER, THE SEYCHELLES QUALIFICATIONS AUTHORITY.

EXHIBIT P15 TRUE COPY OF THE RELEVANT REGISTRATION PARTICULARS OF DR.SHIFA NASER.

EXHIBIT P16 TRUE COPY OF THE REGISTRATION PARTICULARS OF DR.DIVYA ANTHONY.

EXHIBIT P17 TRUE COPY OF THE JUDGMENT DATED 04.04.2016 PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.31498 OF 2015(J). EXHIBIT P18 COPY OF THE COMMUNICATION BEARING NO.C2-12615/19/MC/FOREIGN DATD 06.11.2020 ISSUED BY RESPONDENT NO.4 EXHIBIT-P19 COPY OF THE REPLY DATED 14.11.2020 SUBMITTED BY THE PETITIONER TO EXHIBIT P18 COMMUNICATION EXHIBIT P20 COPY OF DETAILS REGARDING THE PETITIONER'S REGISTRATION IN THE INDIAN MEDICAL REGISTER (IMR) Exhibit P21 COPY OF SCREEN SHOT TAKEN FROM THE WEBSITE OF THE KERALA UNIVERSITY OF HEALTH SCIENCES PERTAINING TO THE PETITIONER'S REGISTRATION(STUDENT LOGIN ID) EXHIBIT P21(A) COPY OF SCREEN SHOT TAKEN FROM THE WEBSITE OF THE KERALA UNIVERSITY OF HEALTH SCIENCES PERTAINING TO TH E PETITIONER'S REGISTRATION (STUDENT LOGIN ID) EXHIBIT P21 TRUE COPY OF THE FINAL RESULT OF THE MEDICAL SUPER SPECIALTY DEGREE REGULAR/ SUPPLEMENTARY EXAMINATIONS, AUGUST 2021 DATED 24.9.2021 ISSUED BY W.P.(C).No.20847/2020

THE CONTROLLER OF EXAMINATIONS OF ADDITIONAL RESPONDENT NO.6 UNIVERSITY RESPONDENTS' EXHIBITS:

EXHIBIT R3(A) COPY OF THE LETTER BEARING NO.MCI-

203(1)(GEN.)/2015-REGN./147647 DATED 06.11.2015 EXHIBIT R3(B) COPY OF NOTE VERBALLY ISSUED BY THE GOVERNMENT OF SEYCHELLES TO THE HIGH COMMISSION OF INDIA IN VICTORIA ON 08.06.2015 EXHIBIT R3(C) COPY OF THE LETTER BEARING NO. THAT MCI-203(T-12-100036)/REGN./42355 DATED 28.08.2019 EXHIBIT R3(D) COPY OF THE LETTER BEARING NO.C2-