Dr. Mirshad P.V vs National Medical Commission
2024 Latest Caselaw 13081 Ker

Kerala High Court

Dr. Mirshad P.V vs National Medical Commission on 23 May, 2024

WP(C) No.855/2024                        1/2

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                    THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
              Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
                             WP(C) NO. 855 OF 2024(F)
   PETITIONERS:

      1. DR. MIRSHAD P.V., AGED 41 YEARS, S/O. ISHACK P.V., ASSOCIATE
         PROFESSOR, DEPT. OF PHARMACOLOGY, M.E.S MEDICAL COLLEGE, PALACHODU
         P.O, RESIDING AT PUTHANVEETTIL HOUSE, VALANCHERY, MALAPPURAM
         DISTRICT, PIN - 676552
      2. DR. K. JANAKIRAM, AGED 63 YEARS, S/O. LATE K. VENKATACHALAM SETTY,
         PROFESSOR, DEPARTMENT OF MICROBIOLOGY, AL AZHAR MEDICAL COLLEGE AND
         SUPER SPECIALITY HOSPITAL, EZHALLOOR P.O., THODUPUZHA TALUK, IDUKKI
         DISTRICT RESIDING AT P.B. 23, STAFF QUARTERS, JAVARANAHALLI, MANDYA
         BALAGANGADARANATH NAGAR, KARNATAKA, PIN - 571448

   RESPONDENTS:

      1. NATIONAL MEDICAL COMMISSION 14, SECTOR-8, DWARAKA, PHASE-1, NEW
         DELHI, REPRESENTED BY ITS DIRECTOR, PIN - 110077
      2. THE UNDER GRADUATE MEDICAL EDUCATION BOARD THE NATIONAL MEDICAL
         COMMISSION, POCKET-14, SECTOR-8, DWARAKA, PHASE-1, NEW DELHI,
         REPRESENTED BY ITS CHAIRMAN, PIN - 110077
      3. KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE P.O., THRISSUR,
         REPRESENTED BY ITS REGISTRAR, PIN - 680596


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to

        i. stay the operation of Exhibit P5 to the extent it limits
   Examinership to faculties possessing MBBS degree only, pending disposal of
   the Writ Petition.

        ii. direct the 3rd respondent University to include the petitioners
   and other non-medical faculties as examiners pursuant to Exhibit P5
   guidelines, pending disposal of the Writ Petition.

        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this court's order dated
   10.01.2024 and upon hearing the arguments of M/S.SAIJO HASSAN, AMBADI
   DINESH L.K. & NEEMA NEERACKAL Advocates for the petitioners,
   SRI.K.S.PREMJITH KUMAR, for respondents 1 & 2 and of SRI.P.SREEKUMAR
   Advocate for the respondent 3, the court passed the following:
 WP(C) No.855/2024                             2/2

                                         ORDER

In the light of the judgment passed by this court in WP(C)No.34567/2023, in similar circumstances, I am inclined to pass an interim order.

Accordingly, it is ordered that, there shall be a direction to the respondents to permit the petitioners to register as Examiners provisionally, provided that they were carrying out their duties as Examiners prior to 01.08.2023.

Post on 30.05.2024 along with connected cases.

Hand over.

Sd/- ZIYAD RAHMAN A.A., JUDGE

23-05-2024 /True Copy/ Assistant Registrar