Kerala High Court
The Registrar, ... vs Sadhiya Siyad on 23 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 23rd day of February 2022 / 4th Phalguna, 1943
WA NO. 260 OF 2022
AGAINST JUDGMENT DATED 20.10.2021 IN WP(C) 2992/2021 OF THIS COURT.
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APPELLANT/3RD RESPONDENT IN W.P.(C):
THE REGISTRAR, TRAVANCORE-COCHIN MEDICAL COUNCIL, RED CROSS ROAD,
THIRUVANANTHAPURAM-695 035.
BY ADV.SRI.N.RAGHURAJ
RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 & 4 IN W.P.(C):
1. SADHIYA SIYAD, AGED 24 YEARS,NAEEB MANZIL BETTER SHADES, TC
67/3343-48/462 JNRA 89 KALLATTUMUKKU, MANACAUD P.O.,
THIRUVANANTHAPURAM-695 009.
2. STATE OF KERALA,HEALTH AND FAMILY WELFARE (S) DEPT., GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS
SECRETARY.
3. THE NATIIONAL MEDICAL COMMISSION,(FORMERLY KNOWN AS MEDICAL COUNCIL
OF INDIA),POCKET 14, SECTOR 8, DWARAKA, NEW DELHI-110 077,
REPRESENTED BY ITS SECRETARY.
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.
BY ADV.SRI.SANTHOSH MATHEW FOR R1.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the judgement dated 20.10.2021
in W.P.(C) No.2992 of 2021, pending disposal of this writ appeal.
This Writ Appeal coming on for admission along with connected cases
on 23/02/2022 upon perusing the appeal memorandum, the court on the same
day passed the following:
P.T.O.
S. MANIKUMAR, CJ
&
SHAJI P. CHALY, J
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W.A. Nos. 260, 261 & 270 of 2022
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Dated this the 23rd day of February, 2022
ORDER
S. Manikumar, CJ.
The matter pertains to the right of the first respondent/writ
petitioner, to obtain registration with the Travancore Cochin Medical
Council/appellant, to practice medicine in terms of the Travancore Cochin
Medical Practitioners Act, 1953.
2. After considering the rival submissions, relevant provisions/
regulations, writ court, by a common judgment, disposed of the writ
petitions directing the State Medical Council to permit the writ petitioner
to apply for permanent registration, and if applied, grant permanent
registration to the petitioners without insisting them to undergo CRRI, if
the application of the petitioners is otherwise in order and the same was
directed to be done within two months.
3. It was made clear that the judgment will not preclude the State
Medical Council from bringing it to the notice of the National Medical
Commission the requirement, if any, for the foreign medical graduates to
W.A. Nos.260, 261 & 270 of 2022
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.
4. Being aggrieved, instant appeals are filed by the Registrar,
Travancore Cochin Medical Council. During the course of hearing,
submission was made by Mr. Santhosh Mathew, learned counsel
appearing for the 1st respondent-Sadhiya Siyad, in the writ appeals, that
she has got admission for a post graduation course in Aster DM
Healthcare Ltd., Kochi/3rd respondent institution and unless and until
registration is granted by Travancore Medical Council, she will not be
allowed to treat patients and that there is also a likelihood of losing her
post graduation course.
5. Though Mr. N. Reghuraj, learned counsel for the appellant
insisted for a final hearing, having regard to the complexity of the
matter, issues to be considered and due to paucity of time, it would not
be possible to finally hear the appeals. However, having regard to the
necessity to get registration certificate for the purpose of treating and
preserving the admission, secured by respondent No.1 to a Post
graduate Course in Aster DM Healthcare Ltd, Kochi, we are of the view
W.A. Nos.260, 261 & 270 of 2022
that her interest must be protected and registration can be done
subject to the result of the writ appeals.
6. Writ appeals are admitted. 1st respondent is permitted to
apply for permanent registration, and if applied, appellant is directed to
grant permanent registration, and that the same will be subject to
result of the instant appeals.
Registry is directed to post the writ appeals on 8.3.2022.
Sd/-
S. Manikumar,
Chief Justice
Sd/-
Shaji P. Chaly,
Judge
sou.
23-02-2022 /True Copy/ Assistant Registrar
