Kerala High Court
Sadhiya Siyad vs State Of Kerala on 20 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
WP(C) NO. 2992 OF 2021
PETITIONER:
SADHIYA SIYAD
AGED 24 YEARS
NAJEEB MANZIL BETTER SHADES, TC 67/3343-48/462 JNRA 89
KALLATTUMUKKU, MANACAUD P.O., THIRUVANANTHAPURAM - 695
009
BY ADVS.
SANTHOSH MATHEW
SRI.ARUN THOMAS,
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL,
SMT.KARTHIKA MARIA
SMT.VEENA RAVEENDRAN,
SRI.ANIL SEBASTIAN PULICKEL
SMT.DIVYA SARA GEORGE
RESPONDENTS:
1 STATE OF KERALA
HEALTH AND FAMILY WELFARE (S) DEPT. , GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001,
REP.BY THE PRINCIPAL SECRETARY.
2 THE NATIONAL MEDICAL COMMISSION
(FORMERLY KNOWN AS MEDICAL COUNCIL OF INDIA) POCKET 14,
SECTOR 8, DWARAKA, NEW DELHI 110 077, REP.BY ITS
SECRETARY.
3 THE REGISTRAR
TRAVANCORE-COCHIN MEDICAL COUNCIL, RED CROSS ROAD,
THIRUVANANTHAPURAM 695 035
4 NATIONAL BOARD OF EXAMINATIONS
(AUTONOMOUS BODY OF THE MINISTRY OF HEALTH AND FAMILY
WELFARE, GOVT. OF INDIA), NAMS BUILDING, MEDICAL
ENCLAVE, ANSARI NAGAR, NEW DELHI - 110 029, REPRESENTED
BY ITS DIRECTOR.
WP(C) NO. 2992 OF 2021 & conn.cases
2
(ADDL.R4 IS IMPLEADED AS PER ORDER DATED 19.03.2021
IN I.A.2/2021 IN WP(C)2992/2021.)
BY ADVS.
SRI.TITUS MANI
SHRI.N.RAGHURAJ, SC, TCMC & KNMC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 2992 OF 2021 & conn.cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
WP(C) NO. 12544 OF 2021
PETITIONER:
SADHIYA SIYAD
AGED 24 YEARS
NAJEEB MANZIL BETTER SHADES, TC 67/3343-48/462 JNRA
89, KALLATTUMUKKU, MANACAUD P.O.,
THIRUVANANTHAPURAM-695 009
BY ADVS.
SANTHOSH MATHEW,
ARUN THOMAS
JENNIS STEPHEN,
KARTHIKA MARIA
ANIL SEBASTIAN PULICKEL,
DIVYA SARA GEORGE
JAISY ELZA JOE
RESPONDENTS:
1 THE NATIONAL MEDICAL COMMISSION
(FORMERLY KNOWN AS MEDICAL COUNCIL OF INDIA) POCKET
14, SECTOR 8, DWARAKA, NEW DELHI-110 077,
REPRESENTED BY ITS SECRETARY
2 TRAVANCORE-COCHIN MEDICAL COUNCIL,
RED CROSS ROAD, THIRUVANANTHAPURAM-695 035,
REPRESENTED BY ITS REGISTRAR
3 ASTER DM HEALTHCARE LTD,
CHERANELLOOR, SOUTH CHITTOOR, KOCHI-682 027,
REPRESENTED BY ITS CHAIRMAN
4 DIRECTOR -ACADEMIC AFFAIRS,
TRAINING PROGRAMME DIRECTOR- INTERNAL MEDICINE
TRAINING (IMT) UK & LEAD SENIOR CONSULTANT, INTERNAL
MEDICINE, ASTER MEDCITY, KOCHI-682 027
WP(C) NO. 2992 OF 2021 & conn.cases
4
BY ADVS.
SHRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA
N.RAGHURAJ, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 2992 OF 2021 & conn.cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
WP(C) NO. 18825 OF 2021
PETITIONER:
SADHIYA SIYAD
AGED 24 YEARS
NAJEEB MANZIL BETTER SHADES, TC 67/3343-48/462 JNRA
89, KALLATTUMUKKU, MANACAUD P.O.,
THIRUVANANTHAPURAM-695009.
BY ADVS.
SANTHOSH MATHEW,ARUN THOMAS,
JENNIS STEPHEN,KARTHIKA MARIA,
ANIL SEBASTIAN PULICKEL
JAISY ELZA JOE
RESPONDENTS:
1 THE NATIONAL MEDICAL COMMISSION
(FORMERLY KNOWN AS MEDICAL COUNCIL OF INDIA) POCKET
14, SECTOR 8, DWARAKA, NEW DELHI-110077, REPRESENTED
BY ITS SECRETARY.
2 TRAVANCORE COCHIN MEDICAL COUNCIL
RED CROSS ROAD, THIRUVANANTHAPURAM-695035,
REPRESENTED BY ITS REGISTRAR.
BY ADVS.
SHRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA
N.RAGHURAJ, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 2992 OF 2021 & conn.cases
6
P.B.SURESH KUMAR, J.
--------------------------------------------------
W.P.(C) Nos.2992, 12544 and 18825 of 2021
-----------------------------------------------
Dated this the 20th day of October, 2021.
JUDGMENT
The questions arise for consideration in these writ
petitions instituted by the same person are common and they are,
therefore, disposed of by this common judgment. The cases relate to
the right of the petitioner to obtain registration with the second
respondent, the Travancore Cochin Medical Council (the State
Medical Council) to practice medicine in terms of the Travancore
Cochin Medical Practitioners Act, 1953 (the TCMP Act).
2. The parties and documents are referred to in this
judgment, unless otherwise mentioned, as they appear in W.P.(C)
No.18825 of 2021.
3. The petitioner, a citizen of India, after clearing the
Senior Secondary Certificate Examination from a school affiliated to
the Central Board of Secondary Education joined Dubai Medical
College for Girls during September, 2014 for obtaining medical
qualification without obtaining Eligibility Certificate insisted in terms
WP(C) NO. 2992 OF 2021 & conn.cases
of Section 13(4B) of the Indian Medical Council Act, 1956 (the IMC
Act) in order to become eligible to seek medical qualification from a
medical institution abroad. Later, during 2017, the petitioner applied
to the then Medical Council of India (the Medical Council of India)
and obtained Eligibility Certificate. The petitioner graduated the
medical course during May, 2019. Thereupon, she underwent one
year internship in the various teaching hospitals under the Dubai
Health Authority from 21.07.2019 to 19.09.2020 as per the norms
prevailing in that country in order to become eligible to be enrolled
as a medical practitioner therein. On completion of the internship,
the petitioner cleared the licensing examination conducted by the
Dubai Health Authority for registration as medical practitioner and
obtained registration for the said purpose on 18.11.2020. In the
meanwhile, during June, 2019, the petitioner cleared the Screening
Test in terms of Section 13(4A) of the IMC Act in order to become
eligible to be enrolled in a State Medical Register in India as well.
4. It is stated by the petitioner that on the strength of
the medical qualification obtained by the petitioner from the medical
institution abroad and the qualification in the Screening Test, she is
entitled to practice medicine in India and with a view to practice
medicine in the State of Kerala, the petitioner preferred an
application on 18.01.2020 to the State Medical Council for
WP(C) NO. 2992 OF 2021 & conn.cases
provisional registration. On the said application, the State Medical
Council directed the petitioner to file an affidavit stating, among
others, that the provisional registration will not be used by her for
any purpose other than doing Compulsory Rotatory Residential
Internship (CRRI) in any one of the institutions approved by the
Medical Council of India. Ext.P11 is the communication issued by the
State Medical Council to the petitioner in this regard. In response to
Ext.P11 communication, the petitioner submitted Ext.P12 affidavit
before the State Medical Council on the above lines and obtained
provisional registration with them on that basis.
5. According to the petitioner, since she has already
undergone internship in the country of education as part of the
medical course undertaken by her, she is entitled to permanent
registration straightaway in the State. As such, after having obtained
the provisional registration, the petitioner instituted W.P.(C) No.2992
of 2021 before this Court seeking, among others, a declaration that
she is entitled to permanent registration to practice medicine in the
State and also for a direction to the State Medical Council to grant
permanent registration to her.
6. During the pendency of W.P.(C) No.2992 of 2021, the
petitioner submitted a representation to the State Medical Council
seeking permission to undertake a medical course in a private
WP(C) NO. 2992 OF 2021 & conn.cases
hospital. Since the said representation of the petitioner was not
considered by the State Medical Council, the petitioner instituted
W.P.(C) No.12544 of 2021 seeking, among others, a direction to the
State Medical Council to issue the permission sought by her for
undertaking the said medical course.
7. On 15.03.2021, a counter affidavit has been filed by
the State Medical Council in W.P.(C) No.2992 of 2021 stating, among
others, that CRRI in any one of the medical institutions approved by
the Medical Council of India is insisted for foreign medical graduates
before granting permanent registration to them with effect from
01.01.2018 in terms of Ext.P21 decision taken by the State Medical
Council on 20.10.2017 in order to ensure that they learn and gain
clinical experience and exposure about the epidemiological and
clinical profile of local community; that they learn and understand
the regional language and culture of the community; that they learn
and get exposure on the unique public health care and delivery and
referral system prevailing in the country and that they learn and
gain experience about the national and State health intervention
programs to counter the unique health challenges. It was also
stated by the State Medical Council in the said counter affidavit that
though Ext.P21 decision was challenged in W.P.(C) No.39576 of
2018, the challenge against the same was repelled by this Court. It
WP(C) NO. 2992 OF 2021 & conn.cases
was further stated in the counter affidavit that since the petitioner
has not obtained the Eligibility Certificate in terms of Section 13(4B)
of the IMC Act before securing admission in the medical institution
abroad, the Eligibility Certificate obtained by the petitioner after
joining for the course being contrary to the provisions of the IMC Act
and invalid, the petitioner was ineligible to appear for the Screening
Test, for her medical qualification cannot in the circumstances be
considered as a medical qualification in terms of the provisions of
the IMC Act.
8. A reply affidavit has been filed by the petitioner in
W.P.(C) No.2992 of 2021 to the counter affidavit filed by the State
Medical Council on 15.03.2021 stating, among others, that in the
light of Exts.P14 and P15 advisories issued by the Medical Council of
India on 30.07.2020 and 02.09.2020 to the effect that internship
completed by the Indian Nationals during their medical course
abroad is sufficient to seek permanent registration in India, Ext.P21
decision of the second respondent is invalid. It was also stated by
the petitioner in the said reply affidavit that since the requirement to
obtain Eligibility Certificate was suspended from 15.05.2013 to
03.01.2014, on 10.09.2017, the Medical Council of India has
permitted all those who have taken admission for obtaining medical
qualification in medical institutions abroad on or after 04.01.2014 to
WP(C) NO. 2992 OF 2021 & conn.cases
obtain Eligibility Certificate in terms of Ext.P1 public notice and since
the petitioner has obtained Eligibility Certificate on the basis of the
said public notice, the Eligibility Certificate obtained by her cannot
be treated as invalid.
9. After W.P.(C) Nos.2992 of 2021 and 12544 of 2021
were heard and reserved for orders, the petitioner instituted W.P.(C)
No.18825 of 2021, challenging Ext.P21 decision of the State Medical
Council and seeking directions to the State Medical Council to permit
the petitioner to apply for permanent registration with them on the
basis of the internship undertaken by her as part of the medical
course pursued by her in the medical institution abroad, without
insisting on obtaining provisional registration. The case set out by
the petitioner in W.P.(C) No.18825 of 2021 is that in the light of
Exts.P14 and P15 advisories issued by the Medical Council of India,
the State Medical Council cannot insist the petitioner to undergo
CRRI for obtaining permanent registration; that she has preferred
application for provisional registration as she was informed that
permanent registration cannot be obtained without obtaining
provisional registration; that Ext.P12 affidavit has been filed by the
petitioner on an erroneous understanding of the provisions
contained in the IMC Act and without taking note of Exts.P14 and
P15 advisories, and that since the petitioner has completed
WP(C) NO. 2992 OF 2021 & conn.cases
internship as part of her medical course abroad, she is entitled to
permanent registration without undergoing CRRI. It is also the case
of the petitioner in the said writ petition that as per the procedure
prescribed by the State Medical Council, an application for
registration needs to be preferred online and without furnishing the
details of the provisional registration and the particulars of CRRI
undergone by the applicant, an application for permanent
registration cannot be uploaded and that the petitioner is therefore
not able to prefer an application for permanent registration with the
State Medical Council.
10. A counter affidavit has been filed by the State
Medical Council in W.P.(C) No.18825 of 2021 also. In the said counter
affidavit, in addition to what is already stated in the counter affidavit
filed by them in W.P.(C) No 2992 of 2021, it is stated among others
that applications for registration, both provisional and permanent,
preferred by Indian citizens who have obtained medical qualification
from medical institutions abroad are being considered and disposed
of by the State Medical Council in accordance with the instructions
issued by the Medical Council of India. It is also stated in the said
counter affidavit that Exts.P14 and P15 advisories were issued on a
wrong understanding of the provisions contained in Section 13(3) of
the IMC Act.
WP(C) NO. 2992 OF 2021 & conn.cases
11. Heard the learned counsel for the petitioner as also
the learned Standing Counsel for the State Medical Council and the
National Medical Commission, the successor of the Medical Council
of India.
12. The learned counsel for the petitioner conceded, at
the outset, that the petitioner was not entitled to seek permanent
registration as on the date of her application for provisional
registration, for she had not completed her internship by then and
she is, therefore, not pressing the reliefs sought in W.P.(C) No.2992
of 2021 except the declaration sought by her that she is entitled to
permanent registration. It was also pointed out by the learned
counsel that it is in the said circumstances that the petitioner
instituted W.P.(C) No.18825 of 2021, seeking a direction to the
State Medical Council to permit the petitioner to apply for
permanent registration and a direction to them to consider the
application for permanent registration. It was submitted by the
learned counsel that the petitioner being a person to whom the
Medical Council of India has issued Eligibility Certificate in terms of
Section 13(4B) of the IMC Act, being a person who has cleared the
Screening Test in terms of Section 13(4A) of the IMC Act and being a
person who secured a medical qualification granted by a medical
institution abroad which is recognized for enrolment as medical
WP(C) NO. 2992 OF 2021 & conn.cases
practitioner in the country of education, she is entitled to permanent
registration with the State Medical Council. It was asserted by the
learned counsel, placing reliance on the Screening Test Regulations,
2002 (the Regulations) framed by the Medical Council of India under
the IMC Act that the State Medical Council cannot insist a foreign
medical graduate who has already undertaken one-year internship
as part of the medical course to undergo CRRI for claiming
permanent registration and Ext.P21 decision taken by the State
Medical Council being inconsistent with the provisions of the IMC Act
and its scheme, is invalid and unenforceable. It was also argued by
the learned counsel for the petitioner that insofar as the Medical
Council of India has issued Eligibility Certificate to the petitioner and
permitted her to undertake the Screening Test, the State Medical
Council cannot examine the eligibility of the petitioner to obtain the
Eligibility Certificate and appear for the Screening Test.
13. Per contra, the learned counsel for the State Medical
Council submitted that W.P(C) No.2992 of 2021 and W.P(C)
No.18825 of 2021 are instituted by the petitioner claiming virtually
for one and the same relief and W.P(C)No. 18825 of 2021 is
therefore not maintainable. It was argued by the learned counsel
that Ext.P21 cannot be said to be a decision taken contrary to the
scheme of the IMC Act. According to the learned counsel, the said
WP(C) NO. 2992 OF 2021 & conn.cases
decision only reflects an additional requirement insisted by a State
Medical Council for obtaining registration and the authority of the
State Medical Council functioning under an independent statute to
take such a decision cannot be questioned by the petitioner, for
such decisions are not curtailed in any manner in terms of the
provisions contained in the IMC Act. It was also pointed out by the
learned counsel that Ext.P21 was a decision taken in public interest
and a challenge against the said decision was repelled by this Court
in W.P.(C) No.39576 of 2018. It was also pointed out by the learned
counsel, placing reliance on the instructions issued by the Medical
Council of India on 24.2.2014, that while dealing with applications of
foreign medical graduates for registration, both provisional and
permanent, the State Medical Council is obliged to ensure that the
applicant has obtained Eligibility Certificate in terms of the
provisions of the IMC Act and the State Medical Council cannot
therefore be blamed for having examined the entitlement of the
petitioner for registration also, dehors the question whether the
petitioner needs to undergo CRRI. It was also pointed out by the
learned Standing Counsel that at any rate, the petitioner is not
entitled to permanent registration without undergoing CRRI, since
she has undertaken the Screening Test provided for in terms of
Section 13(4A) before completing the one year internship.
WP(C) NO. 2992 OF 2021 & conn.cases
14. In reply to the submissions made by the learned
Standing Counsel for the State Medical Council, the learned counsel
for the petitioner submitted, placing reliance on the Regulations,
that one may not have to complete the internship for undertaking
the Screening Test in terms of the said Regulations.
15. On a query from the Court, the learned counsel for
the National Medical Commission asserted that the view of the
National Medical Commission is that the petitioner is not required to
undergo CRRI for claiming registration, since she has already
undergone internship for a period of one year as part of the medical
course undertaken by her abroad.
16. In the light of the pleadings of the parties and the
arguments advanced by their respective learned counsel, the
following questions arise for consideration:
i) Whether a person who has not undertaken
internship as part of the medical course undertaken by him/her
abroad is eligible to appear in the Screening Test provided for under
Section 13(4A) of the IMC Act?
ii) Whether a person who obtains Eligibility Certificate
in terms of Section 13(4B) of the IMC Act after taking admission in a
medical institution abroad, be denied enrolment on a State Medical
Register, if he/she satisfies all other eligibility criteria for the same?
WP(C) NO. 2992 OF 2021 & conn.cases
iii) Whether a person who obtains a medical
qualification from a medical institution abroad and undertakes one
year internship thereafter in the country of education and satisfies
all other eligibility criteria for enrolment on a State Medical Register
be insisted to undergo CRRI for the said purpose?
iv) Whether the State Medical Council functioning
under the TCMP Act is empowered to take decisions in the nature of
Ext.P21?
17. Before proceeding to examine the questions
formulated for decision, it is necessary to deal with the objection
raised by the learned counsel for the State Medical Council as to the
maintainability of W.P.(C) No.18825 of 2021. As noted, according to
the learned counsel for the State Medical Council, W.P.(C) No.18825
of 2021 is instituted by the petitioner seeking the same relief sought
in W.P.(C) No.2992 of 2021 and therefore, the subsequent writ
petition viz, W.P.(C) No.18825 is not maintainable. True, in W.P.(C)
No.2992 of 2021, the petitioner has claimed a declaration that she is
entitled to permanent registration and a direction to the State
Medical Council to grant her permanent registration without insisting
her to undergo CRRI. As noted, when W.P.(C) No.2992 of 2021 was
instituted, the petitioner had not applied for permanent registration.
The case set out by the petitioner in the said writ petition however
WP(C) NO. 2992 OF 2021 & conn.cases
was that she should have been granted permanent registration by
the State Medical Council on the application preferred for
provisional registration as she had completed the one year
internship in the country of education. As noted, at the time of
arguments, the learned counsel for the petitioner conceded that the
petitioner was not entitled to seek permanent registration as on the
date of her application for provisional registration, for she had not
completed her internship by then and she is therefore not pressing
the directions sought in W.P.(C) No.2992 of 2021 except the
declaration that she is entitled to permanent registration. It was also
pointed out by the learned counsel that it is in the said
circumstances that the petitioner instituted W.P.(C) No.18825 of
2021 after completing her internship, seeking a direction to the
State Medical Council to permit the petitioner to apply for
permanent registration and a direction to consider the application
for permanent registration. I do not find any substance in the
contention raised by the learned counsel as to the maintainability of
W.P.(C) No.18825 of 2021. It is all the more so since the prayers in
both the said writ petitions are not identical. The contention raised
by the Standing Counsel for the State Medical Council as to the
maintainability of W.P.(C) No.18825 of 2021 is therefore rejected.
18. Question (i): The eligibility of the candidate to
WP(C) NO. 2992 OF 2021 & conn.cases
appear for the Screening Test provided for in Section 13(4A) of the
IMC Act is prescribed in terms of the Regulations framed by the
Medical Council of India in exercise of their powers under the IMC
Act. Regulation 2(f) of the Regulations defines "Primary Medical
Qualification". The said definition reads thus :
2(f) "Primary Medical qualification" means a medical
qualification awarded by any medical institution outside India
which is a recognized qualification for enrolment as medical
practitioner In the country In which the Institution awarding the
said qualification is situated and which is equivalent to MBBS in
India;"
Regulation 2(g) of the Regulations defines "Provisional Registration".
The said definition reads thus :
2(g) "Provisional Registration" means provisional registration in
a State Medical Register or Indian Medical Register for the
purpose of undergoing practical training In India as prescribed
and for no other purpose by an Indian citizen possessing any
primary medical qualification but has not undergone such
practical training after obtaining that qualification as may be
required by the rules or regulations in force In the country
granting the qualification;"
Regulation 2(i) of the Regulations defines "Registration". The said
definition reads thus :
2(i) "registration" means either Provisional Registration or
Permanent Registration."
Regulation 4 of the Regulations prescribes the eligibility criteria for
WP(C) NO. 2992 OF 2021 & conn.cases
appearing in the Screening Test. The said definition reads thus :
"4. Eligibility Criteria.- No person shall be allowed to appear
in the screening test unless:
(1) he/she is a Citizen of India or has been granted Overseas
Citizenship of India and possesses any primary medical
qualification, which is confirmed by the Indian Embassy
concerned, to be a recognised qualification for enrolment as
medical practitioner in the country in which the institution
awarding the said qualification is situated;
(2) he/she had obtained 'Eligibility Certificate' from the Medical
Council of India as per the 'Eligibility Requirement for taking
admission in an undergraduate medical course in a Foreign
Medical Institution Regulations, 2002'. This requirement shall
not be necessary in respect of Indian citizens (or Overseas
Citizens of India) who have acquired the medical
qualifications from foreign medical institutions or have
obtained admission in foreign medical institution before 15th
March, 2002.
[2(A) Indian Citizens/Overseas Citizen of India intending to
obtain primary medical qualification from any medical
institution outside India, on or after May 2018, shall have to
mandatorily qualify the 'National- Eligibility-cum-Entrance
Test for Admission to MBBS course'. The result of the
'National-Eligibility-cum- Entrance Test for Admission to
MBBS course' shall deem to be treated as the Eligibility
Certificate for such persons, provided that such persons
fulfils the Eligibility Criteria for admission to the MBBS course
prescribed in the Regulations on Graduate Medical
Education, 1997.]"
Regulation 5 of the Regulations deals with the purpose of the
Screening Test and Regulation 11 deals with the rights conferred on
persons who clear the Screening Test. Regulations 5 and 11 read
WP(C) NO. 2992 OF 2021 & conn.cases
thus :
"5. The purpose of conducting the screening test shall be only
to determine the eligibility or otherwise of a candidate for his or
her registration with the Medical Council of India or any State
Medical Council and qualifying the same shall not confer any
other right, whatsoever, on a candidate. "
xxxxx
"11. The Prescribed Authority shall intimate the result of the
Screening Test to the candidates as well as to the Secretary,
Medical Council of India and the State Medical Councils. The
unsuccessful candidates shall also be appropriately informed.
The candidates who qualify the Screening Test may apply to the
Secretary, Medical Council of India, New Delhi or to any State
Medical Council for provisional registration/permanent
registration alongwith the requisite registration fee in favour of
Secretary, Medical Council of India or the State Medical Council.
The Medical Council of India or the State Medical Councils shall
issue provisional registration to such successful candidates, who
are yet to undergo one year internship in an approved institution
and issue permanent registration to such eligible candidates
who have already undergone one year internship, as the case
may be. "
A conjoint reading of the extracted provisions in the Regulations,
especially Regulation 11 which provides that candidates who qualify
the Screening Test may apply to any State Medical Council for
provisional or permanent registration and the State Medical Councils
shall issue provisional registration to such candidates, who are yet to
undergo one year internship in an approved institution and issue
permanent registration to such eligible candidates who have already
undergone one year internship, as the case may be, would show
WP(C) NO. 2992 OF 2021 & conn.cases
that internship is not insisted for appearing in the Screening Test and
that the only requirement for appearing in the Screening Test is that
the candidates should possess a primary medical qualification as
defined in the Regulations. The State Medical Council does not have
a case that the petitioner did not possess a primary medical
qualification as defined in the Regulations at the time when she
applied for and cleared the Screening Test. In other words, the stand
of the State Medical Council that only students who have completed
internship as part of the medical course undertaken by them in the
medical institution abroad are entitled to appear for the Screening
Test is unsustainable. In the circumstances, question (i) is answered
in favour of the petitioner.
19. Question (ii): It is seen that after Act 34 of 2001 in
terms of which IMC Act was amended, the earlier scheme of the IMC
Act to recognise foreign medical institutions has been changed and
the scheme of the IMC Act thereafter is that a person who secures a
medical qualification from a medical institution abroad is entitled to
be enrolled on a State Medical Register, if the said medical
qualification is recognised in the country of education for enrolment
as medical practitioner and if he/she clears the Screening Test in
terms of the requirement in Section 13(4A) of the IMC Act. Of course,
after Act 34 of 2001, such candidates are required to obtain
WP(C) NO. 2992 OF 2021 & conn.cases
Eligibility Certificate in terms of Section 13(4B) of the IMC Act in
order to become eligible for obtaining medical qualification from any
medical institution abroad and to appear for the Screening Test. In
Ishan Kaul and others v. Medical Council of India and
another, 2010 KHC 6491, referring to Act 34 of 2001, the Delhi High
Court has clarified that the Eligibility Certificate is not institution
specific, but only student specific in the sense that it only certifies
the eligibility of the student to undertake a medical course abroad, if
he/she wants to come back to India and practice medicine after
clearing the Screening Test. Although Section 13(4B) of the IMC Act
provides that a person shall not be eligible to get admission to
obtain medical qualification granted by any medical institution
abroad without obtaining an Eligibility Certificate issued by the
Medical Council of India and in case any such person obtains such
qualification without obtaining such Eligibility Certificate, he shall
not be eligible to appear in the Screening Test, in Shambhavi
Sharma v. National Board of Examinations and Another, 2010
SCC Online Del 4490, the Delhi High Court has held that merely for
the reason that a person has not obtained Eligibility Certificate, he
shall not be denied the right to appear for the Screening Test, if he is
otherwise entitled to Eligibility Certificate. Shambhavi Sharma is a
case where the candidate concerned has applied for Eligibility
WP(C) NO. 2992 OF 2021 & conn.cases
Certificate after taking admission in the medical institution abroad.
In the light of the decision of the Delhi High Court in Shambhavi
Sharma, the omission, if any, on the part of a student in obtaining
Eligibility Certificate before taking admission in a medical institution
abroad cannot not be an impediment for claiming registration, if
he/she was entitled to Eligibility Certificate, had he/she applied for
the same.
20. Reverting to the facts, as noted, the petitioner in the
case on hand has applied for and obtained Eligibility Certificate only
after taking admission in the medical institution abroad. The State
Medical Council has no case that the petitioner would not have been
issued Eligibility Certificate, had she applied for the same before
taking admission for the medical course in the medical institution
abroad. In the circumstances, the stand of the State Medical Council
that the qualification obtained by the petitioner cannot be regarded
as one in accordance with the provisions of the IMC Act as she has
not obtained Eligibility Certificate before taking admission, so as to
become eligible to be enrolled as a medical practitioner in the State
Medical Register, is unsustainable.
21. That apart, Section 13(4B) of the IMC Act itself
provides that in case any person obtains any medical qualification
without obtaining Eligibility Certificate, he shall not be eligible to
WP(C) NO. 2992 OF 2021 & conn.cases
appear for the Screening Test. In other words, going by the said
provision, the consequence of omission to obtain Eligibility
Certificate is only that the candidate concerned will not be eligible to
appear for the Screening Test. As far as the present case is
concerned, the fact that the petitioner was permitted by the
competent authority to appear for Screening Test and the fact that
she has cleared the Screening Test are not disputed by the State
Medical Council. True, the State Medical Council, while considering
applications for registration, both provisional and permanent, has
the power to verify whether the candidate has obtained Eligibility
Certificate, but that does not mean that the State Medical Council is
empowered to adjudicate the right of a person to obtain Eligibility
Certificate and to appear for the Screening Test, ignoring the
decisions taken by the Medical Council of India in this regard. As
such, according to me, if it is found that a candidate has appeared
for the Screening Test without there being any eligibility for the
same, the State Medical Councils can only bring the said fact to the
notice of the Medical Council of India to initiate appropriate
proceedings for recalling the result of the Screening Test. I take this
view for the reason that in terms of the provisions of the IMC Act, it
is for the Medical Council of India to consider whether a particular
candidate is eligible to obtain Eligibility Certificate and appear for
WP(C) NO. 2992 OF 2021 & conn.cases
the Screening Test. If it is held that the State Medical Councils are
empowered to adjudicate the eligibility of a candidate to appear for
the Screening Test in which he has been qualified, the State Medical
Councils will be able to nullify the results of the Screening Test
collaterally, which would, in turn, affect the sanctity of the statutory
Screening Test. In other words, once a candidate qualifies the
Screening Test, the State Medical Council cannot reject the
application for registration preferred by him on the ground that he
was not eligible to appear for the Screening Test. It is all the more so
since Section 13(4A) of the IMC Act provides that a person who
obtains medical qualification granted by any medical institution
outside India recognised for enrolment as a medical practitioner in
that country shall be entitled to be enrolled on any State Medical
Register, if he clears the Screening Test. Yet another reason for
arriving at the said conclusion is that, as noted earlier, Regulation 11
of the Regulations also provides that candidates who qualify the
Screening Test may apply to any State Medical Council for
provisional or permanent registration and the State Medical Councils
shall issue provisional registration to such candidates, who are yet to
undergo one year internship in an approved institution and issue
permanent registration to such eligible candidates who have already
undergone one year internship, as the case may be. In other words,
WP(C) NO. 2992 OF 2021 & conn.cases
if a candidate satisfies all the requirements for enrolling as a medical
practitioner on a State Medical Register in India in accordance of the
provisions of the IMC Act and the Regulations made thereunder, he
cannot be denied registration by a State Medical Council. If the
petitioner satisfies all the requirements for enrolling as a medical
practitioner on a State Medical Register in accordance with the
provisions of the IMC Act as also the regulations made thereunder,
the State Medical Council cannot deny enrolment to her on the
ground that she has obtained Eligibility Certificate after taking
admission to the medical institution abroad and was consequently
not eligible to appear for the Screening Test. As far as the case on
hand is concerned, the petitioner satisfies all the eligibility criteria
for registration in accordance with the provisions of the IMC Act and
the regulations made thereunder and as such, she cannot be denied
registration on the said ground. Question (ii), in the circumstances,
is answered in favour of the petitioner.
22. Questions (iii) and (iv): Section 13(4A) of the IMC Act
provides that a person who obtains medical qualification granted by
any medical institution in any country outside India recognised for
enrolment as medical practitioner in that country is entitled to be
enrolled on a State Medical Register if he/she clears the Screening
Test. Regulation 11 of the Regulations provides that candidates who
WP(C) NO. 2992 OF 2021 & conn.cases
qualify the Screening Test may apply to any State Medical Council
for registration and the State Medical Councils shall issue provisional
registration to such candidates, who are yet to undergo one year
internship in an approved institution and issue permanent
registration to such eligible candidates who have already undergone
one year internship, as the case may be. In other words, a person
who obtains medical qualification granted by medical institutions
outside India recognised for enrolment as medical practitioner in
that country and who clears the Screening Test in terms of Section
13(4A) of the IMC Act, is entitled to be enrolled as a medical
practitioner on any State Medical Register, if he has already
undergone one year internship. The fact that the petitioner has
obtained a medical qualification granted by a medical institution in a
country outside India recognised for enrolment as medical
practitioner in that country and the fact that she has cleared the
Screening Test are not in dispute. Similarly, the fact that the
petitioner has completed one year internship after acquiring the
primary medical qualification is also not in dispute. If that be so,
according to me, the State Medical Council is obliged to grant
permanent registration to the petitioner and they cannot insist that
the petitioner shall undergo CRRI for the said purpose. The State
Medical Council does not seem to dispute the fact that they are
WP(C) NO. 2992 OF 2021 & conn.cases
obliged to grant permanent registration to persons like the
petitioner, for otherwise, there was no need at all to take a decision
in the nature of Ext.P21. According to them, Ext.P21 decision was
necessitated in order to ensure that the foreign medical graduates
learn and gain clinical experience and exposure about the
epidemiological and clinical profile of local community; that they
learn and understand regional language and culture of the
community; that they learn and get exposure on the unique public
health care and delivery and referral system prevailing in the
country and that they learn and gain experience about the national
and State health intervention programs to counter the unique health
challenges.
23. The requirement of law for practising medicine in
terms of the IMC Act is that the name of the person concerned shall
be entered in a State Medical Register. As far as the State of Kerala
is concerned, the State Medical Register is the register of
practitioners maintained by the State Medical Council in terms of
TCMP Act. The scope of the power of the State Medical Council to
deal with applications for registration in the register of practitioners
maintained by them is as provided for in Section 23 of the TCMP Act.
In terms of Section 23, every holder of a recognised medical
qualification, who is not subject to any of the disqualifications
WP(C) NO. 2992 OF 2021 & conn.cases
provided therein, is eligible for registration. The Schedule to the
TCMP Act in which the particulars of the recognised medical
qualifications are furnished includes all medical qualifications
recognised under the IMC Act also. In other words, a person who is
entitled to registration in a State Medical Register in terms of the
provisions of the IMC Act cannot be denied registration by the State
Medical Council. As evident from Section 13(4A) of the IMC Act, the
medical qualifications of foreign medical graduates who satisfy the
requirements in the said provision are deemed to be recognised
medical qualifications for the purpose of the IMC Act for such
persons. As noted, Regulation 11 of the Regulations confer such
persons a right to obtain permanent registration, if they have
already undergone one year internship as part of the medical course
undertaken by them. The requirement in terms of Ext.P21 that such
medical graduates should undergo CRRI for claiming permanent
registration is inconsistent with the requirement in terms of the IMC
Act and also the Regulations. The IMC Act is one relatable to Entry
66 of List I of the Seventh Schedule to the Constitution and the TCMP
Act is one relatable to Entries 25 and 26 of List III of the Seventh
Schedule. In Medical Council of India v State of Karnataka and
others, (1998) 6 SCC 131, the Apex Court has held that the IMC Act
which is relatable to Entry 66 of List I of Seventh Schedule to the
WP(C) NO. 2992 OF 2021 & conn.cases
Constitution would prevail over any State enactments relatable to
Entry 25 or 26 of List III of the Seventh Schedule. In other words,
Ext.P21 decision of the State Medical Council being inconsistent with
the provisions contained in the IMC Act, the same is invalid and
unenforceable. This view of mine is consistent with the stand taken
on this point by the National Medical Commission, the successor
body of the Medical Council of India.
24. As pointed out by the learned counsel for the State
Medical Council, it is seen that in W.P.(C) No.39576 of 2018, Ext.P21
decision of the State Medical Council was under challenge and the
challenge was repelled by this Court holding that the same does not
contravene any of the provisions of the IMC Act and the regulations
made thereunder. It was also held by this Court in the said case that
since the said decision is one issued in public interest to ensure the
foreign medical graduates to get acclimatized with the diseases and
the requirements of treatment in the State, the same cannot be said
to be illegal. As noted, going by the provisions contained in Section
13(4A) of the IMC Act, a person who obtains a medical qualification
granted by any medical institution in any country outside India
recognised for enrolment as medical practitioner in that country is
entitled to be enrolled on any State Medical Register, if he qualifies
the Screening Test. Similarly, Regulation 11 of the Regulations also
WP(C) NO. 2992 OF 2021 & conn.cases
confers the right to claim permanent registration from the State
Medical Councils on candidates who have undergone internship as
part of the medical course undertaken by them abroad and have
qualified the Screening Test. As noted, Ext.P21 is a decision taken
flouting the said statutory provisions. Ext.P16 judgment of this
Court being one rendered without taking note of the said fact,
according to me, there is no impediment in law in taking a decision
in this matter independent of the decision in the said case [See
Siddharam Satlingappa Mhetre v. State of Maharashtra,
(2011) 1 SCC 694, Municipal Corpn. of Delhi v. Gurnam Kaur,
(1989) 1 SCC 101 and Jagannath Temple Managing Committee
v. Siddha Math, (2015) 16 SCC 542]. It is all the more so since
Ext.P16 judgment of this Court has not become final as the appeal
preferred against the same is still pending.
In the result, the writ petitions are disposed of directing
the State Medical Council to permit the petitioner to apply for the
permanent registration, and if applied, grant permanent registration
to the petitioner without insisting her to undergo CRRI, if the
application of the petitioner is otherwise in order. This shall be done
within two months. It is made clear that this judgment will not
preclude the State Medical Council from bringing to the notice of the
National Medical Commission the requirement, if any, for the foreign
WP(C) NO. 2992 OF 2021 & conn.cases
medical graduates to undergo internship afresh to get acclimatized
with the diseases and requirements of treatment peculiar to the
State in order to bring in force appropriate statutory amendments.
Sd/-
P.B.SURESH KUMAR
JUDGE
Mn
WP(C) NO. 2992 OF 2021 & conn.cases
APPENDIX OF WP(C) 2992/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITIONER'S MARK LIST IN
AISSCE 2014
EXHIBIT P2 TRUE COPY OF THE M.B.B.CH DEGREE
CERTIFICATE ISSUED IN FAVOUR OF THE
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE STATEMENT OF MARKS
OBTAINED BY THE PETITIONER IN M.B.B.CH
DEGREE.
EXHIBIT P4 TRUE COPY OF THE PETITIONER'S RESULT IN
FOREIGN MEDICAL GRADUATION EXAMINATION
DATED 22.11.2019
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
DUBAI HEALTH AUTHORITY ON 27.9.2020 IN
FAVOUR OF THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE HEALTHCARE PROFESSIONAL
REGISTRATION CERTIFICATE ISSUED TO THE
PETITIONER BY THE GOVERNMENT OF DUBAI.
EXHIBIT P7 TRUE COPY OF THE EMAIL DATED 23.11.2020
SENT BY CONSUL (EDUCATION) OF CONSULATE
GENERAL OF INDIA, DUBAI TO THE 3RD
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 16.6.2020
ISSUED BY THE DEAN, DUBAI MEDICAL COLLEGE
FOR GIRLS TO THE CONSUL (EDUCATION) OF
CONSULATE GENERAL OF INDIA, DUBAI.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 15.12.2020
ISSUED BY THE DEAN, DUBAI MEDICAL COLLEGE
FOR GIRLS TO THE PETITIONER.
EXHIBIT P10 TRUE COPY OF THE ORDER NO.C2-
2698/2020/PROVISIONAL/M/C/F. DATED
17.8.2020 ISSUED BY THE 3RD RESPONDENT AND
WP(C) NO. 2992 OF 2021 & conn.cases
RELEVANT PAGES OF ANNEXURE 1 LIST
MENTIONED IN THE ORDER
EXHIBIT P11 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.39576 OF 2018.
EXHIBIT P13 TRUE COPY OF THE NOTICE ISSUED BY THE
MINISTRY OF HEALTH AND FAMILY WELFARE.
EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 30.7.2020
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE NOTICE DATED 2.9.2020
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE PUBLIC NOTICE DATED 10TH
SEPTEMBER 2017 APPEARED IN TIMES OF INDIA
PUBLISHED BY THE MEDICAL COUNCIL OF INDIA,
NEW DELHI
EXHIBIT P17 TRUE COPY OF THE ELIGIBILITY CERTIFICATE
GRANTED TO THE PETITIOENR BY THE MEDICAL
COUNCIL OF INDIA
EXHIBIT P18 TRUE COPY OF THE NOTICE ISSUED BY THE
NATIONAL BOARD OF EXAMINATION
EXHIBIT P19 TRUE COPY OF THE SPECIMEN APPLICATION FORM
FOR PROVISIONAL/PERMANENT REGISTRATION FOR
INDIAN NATIONALS
EXHIBIT P20 TRUE COPY OF THE PRINTOUT OF THE RELEVANT
PAGE OBTAINED FROM THE WEBSITE EVIDENCING
THE INSTRUCTIONS GIVEN TO THE PETITIONER
EXHIBIT P21 TRUE COPY OF THE APPLICATION FOR
PROVISIONAL FOREIGN REGISTRATION DATED
18.01.2020 SUBMITTED BY THE PETITIONER
EXHIBIT P22 TRUE COPY OF THE RELEVANT EXTRACT OF THE
LIST OF FOREIGN MEDICAL
INSTITUTIONS/UNIVERSITIES PUBLISHED BY THE
WP(C) NO. 2992 OF 2021 & conn.cases
MEDICAL COUNCIL OF INDIA IN ITS WEBSITE.
EXHIBIT P23 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE MINISTRY OF HEALTH AND FAMILY WELFARE,
NEW DELHI DATED 2ND SEPTEMBER 2019
EXHIBIT P24 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE MINISTRY OF HEALTH AND FAMILY WELFARE,
NEW DELHI DATED 24TH SEPTEMBER 2020
EXHIBIT P25 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL
NO 1667 OF 2020 DATED 16TH DAY OF MARCH
2021 OF THIS HONBLE COURT
RESPONDENTS EXHIBITS
EXHIBIT R3(A) TRUE PHOTOCOPY OF THE RESOLUTION DATED
20.10.2017
EXHIBIT R3(B) A TRUE PHOTOCOPY OF THE MINUTES OF THE
MEETING OF THE UGMEB HELD ON 19.05.2021
EXHIBIT R3(C) A TRUE PHOTOCOPY OF THE COMMUNICATION
ISSUED BY THE REGISTRAR OF THE COUNCIL TO
THE PRD DT.14.11.2017
EXHIBIT R3(D) A TRUE COPY OF THE APPLICATION FOR
PROVISIONAL REGISTRATION DATED 18.01.2020,
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
WP(C) NO. 2992 OF 2021 & conn.cases
APPENDIX OF WP(C) 12544/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PUBLIC NOTICE DATED 10TH
SEPTEMBER, 2017, APPEARED IN TIMES OF
INDIA PUBLISHED BY THE MEDICAL COUNCIL OF
INDIA, NEW DELHI
Exhibit P2 TRUE COPY OF ELIGIBILITY CERTIFICATE
GRANTED TO THE PETITIONER BY THE MEDICAL
COUNCIL OF INDIA
Exhibit P3 TRUE COPY OF THE DEGREE CERTIFICATE
OBTAINED BY THE PETITIONER
Exhibit P4 TRUE COPY OF THE STATEMENT OF MARKS
OBTAINED BY THE PETITIONER
Exhibit P5 TRUE COPY OF THE PETITIONER'S RESULT IN
FOREIGN MEDICAL GRADUATION EXAMINATION
DATED 22.11.2019
Exhibit P6 TRUE COPY OF THE BACHELOR DEGREE IN
MEDICINE AND SURGERY (M.B.B.CH)
CERTIFICATE ISSUED BY THE DUBAI HEALTH
AUTHORITY ON 27.09.2020 TO THE PETITIONER
Exhibit P7 TRUE COPY OF THE HEALTHCARE PROFESSIONAL
REGISTRATION CERTIFICATE TO THE PETITIONER
Exhibit P8 TRUE COPY OF THE LETTER DATED 16.06.2020
ISSUED BY THE DEAN, DUBAI MEDICAL COLLEGE
FOR GIRLS TO THE COUSUL(EDUCATION) OF
CONSULATE GENERAL OF INDIA, DUBAI
Exhibit P9 TRUE COPY OF THE LETTER DATED 15.11.2020
ISSUED BY THE DEAN, DUBAI MEDICAL COLLEGE
FOR GIRLS
Exhibit P10 TRUE COPY OF THE EMAIL DATED 23.11.2020
SENT BY CONSUL (EDUCATION) OF CONSULATE
GENERAL OF INDIA, DUBAI TO THE 2ND
WP(C) NO. 2992 OF 2021 & conn.cases
RESPONDENT
Exhibit P11 TRUE COPY OF THE ORDER NO.C2-2698/2020
/PROVISIONAL/M.C/F. DATED 17.08.2020
ISSUED BY THE 4TH RESPONDENT AND RELEVANT
PAGES OF ANNEXURE 1 LIST MENTIONED IN THE
ORDER
Exhibit P12 TRUE COPY OF THE AFFIDAVIT SUBMITTED
BEFORE THE TRAVANCORE COCHIN MEDICAL
COUNCIL DT 26.8.20
Exhibit P13 TRUE COPY OF THE NOTICE ISSUED BY THE
MINISTRY OF HEALTH AND FAMILY WELFARE
Exhibit P14 TRUE COPY OF THE NOTICE DATED 30.07.2020
ISSUED BY THE MCI
Exhibit P15 TRUE COPY OF THE NOTICE DATED 02.09.2020
ISSUED BY THE MCI
Exhibit P16 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.39576 OF 2018 DATED 21.8.2017
Exhibit P17 TRUE COPY OF THE INTERIM ORDER DATED
19.3.2021 IN WPC NO.2992 OF 2021
Exhibit P18 TRUE COPY OF THE LETTER DATED 9.6.2021
ISSUED TO THE PETITIONER BY THE 4TH
RESPONDENT
Exhibit P19 TRUE COPY OF THE RECEIPT ISSUED BY THE
ASTER MEDICITY TO THE PETITIONER
EVIDENCING PAYMENT OF FEE OF RS
18,38,579/- BY THE PETITIONER
Exhibit P20 TRUE COPY OF THE LETTER OF ENROLLMENT
DATED 12.06.2021 ISSUED TO THE PETITIONER
BY THE 4TH RESPONDENT
Exhibit P21 TRUE COPY OF THE LETTER DATED 15.06.2021
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT VIA.EMAIL AND POST
WP(C) NO. 2992 OF 2021 & conn.cases
APPENDIX OF WP(C) 18825/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PUBLIC NOTICE DATED 10TH
SEPTEMBER, 2017 APPEARED IN TIMES OF INDIA
PUBLISHED BY THE MEDICAL COUNCIL OF INDIA,
NEW DELHI.
Exhibit P2 TRUE COPY OF THE ELIGIBILITY CERTIFICATE
GRANTED TO THE PETITIONER BY THE MEDICAL
COUNCIL OF INDIA.
Exhibit P3 TRUE COPY OF THE DEGREE CERTIFICATE
OBTAINED BY THE PETITIONER.
Exhibit P4 TRUE COPY OF THE STATEMENT OF MARKS
OBTAINED BY THE PETITIONER.
Exhibit P5 TRUE COPY OF THE PETITIONER'S RESULT IN
FOREIGN MEDICAL GRADUATION EXAMINATION
DATED 22.11.2019.
Exhibit P6 TRUE COPY OF THE BACHELOR DEGREE IN
MEDICINE AND SURGERY (M.B.B.CH)
CERTIFICATE ISSUED BY THE DUBAI HEALTH
AUTHORITY ON 27.09.2020 TO THE PETITIONER.
Exhibit P7 TRUE COPY OF THE HEALTHCARE PROFESSIONAL
REGISTRATION CERTIFICATE TO THE
PETITIONER.
Exhibit P8 TRUE COPY OF THE LETTER DATED 16.06.2020
ISSUED BY THE DEAN, DUBAI MEDICAL COLLEGE
FOR GIRLS TO THE CONSUL (EDUCATION) OF
CONSULATE GENERAL OF INDIA, DUBAI.
Exhibit P9 TRUE COPY OF THE LETTER DATED 15.11.2020
ISSUED BY THE DEAN, DUBAI MEDICAL COLLEGE
FOR GIRLS.
Exhibit P10 TRUE COPY OF THE EMAIL DATED 23.11.2020
WP(C) NO. 2992 OF 2021 & conn.cases
SENT BY CONSUL (EDUCATION) OF CONSULATE
GENERAL OF INDIA, DUBAI TO THE 2ND
RESPONDENT.
Exhibit P11 TRUE COPY OF THE ORDER NO.C2-
2698/2020/PROVISIONAL/M.C/F. DATED
17.08.2020 ISSUED BY THE 4TH RESPONDENT
AND RELEVANT PAGES OF ANNEXURE 1 LIST
MENTIONED IN THE ORDER.
Exhibit P12 TRUE COPY OF THE AFFIDAVIT SUBMITTED
BEFORE THE TRAVANCORE COCHIN MEDICAL
COUNCIL.
Exhibit P13 TRUE COPY OF THE NOTICE ISSUED BY THE
MINISTRY OF HEALTH AND FAMILY WELFARE.
Exhibit P14 TRUE COPY OF THE NOTICE DATED 30.07.2020
ISSUED BY THE MCI.
Exhibit P15 TRUE COPY OF THE NOTICE DATED 02.09.2020
ISSUED BY THE MCI.
Exhibit P16 TRUE COPY OF THE JUDGMENT IN WP(C)NO.39576
OF 2018.
Exhibit P17 TRUE COPY OF THE INTERIM ORDER DATED
19.03.2021 IN WPC NO.2992 OF 2021.
Exhibit P18 TRUE COPY OF THE LETTER DATED 09.06.2021
ISSUED TO THE PETITIONER.
Exhibit P19 TRUE COPY OF THE RECEIPT ISSUED BY THE
ASTER MEDICITY TO THE PETITIONER
EVIDENCING PAYMENT OF FEE OF
RS.18,38,591/- BY THE PETITIONER.
Exhibit P20 TRUE COPY OF THE LETTER OF ENROLLMENT
DATED 12.06.2021 ISSUED TO THE PETITIONER
ASTER MEDCITY.
Exhibit P21 TRUE COPY OF THE RESOLUTION DATED 20TH
OCTOBER, 2017 BY THE 2ND RESPONDENT.
Exhibit P22 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL
NO.1667 OF 2020 DATED 16TH DAY OF MARCH
WP(C) NO. 2992 OF 2021 & conn.cases
2021 OF THIS HON'BLE COURT.
Exhibit P23 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE MINISTRY OF HEALTH AND FAMILY WELFARE,
NEW DELHI DATED 2ND SEPTEMBER 2019.
Exhibit P24 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE MINISTRY OF HEALTH AND FAMILY WELFARE,
NEW DELHI DATED 24TH SEPTEMBER 2020.
Exhibit P25 TRUE COPY OF THE KERALA STATE MEDICAL
PRACTITIONERS ORDINANCE 2021 (ORDINANCE
43/2021) PROMULGATED BY THE STATE OF
KERALA.
