Dr.Prasobh.K.K vs National Medical Commission
2024 Latest Caselaw 13083 Ker

Kerala High Court

Dr.Prasobh.K.K vs National Medical Commission on 23 May, 2024

WP(C) No.4361/2024                         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. 4361 OF 2024 (U)
   PETITIONERS:

      1. DR.PRASOBH.K.K, AGED 43 YEARS, S/O. K.A KRISHNAN, AGED 43 YRS,
         PROFESSOR, DEPT. OF MICROBIOLOGY, AZEEZIA INSTITUTE OF MEDICAL
         SCIENCE AND RESEARCH, MEEYANNOOR P.O, KOLLAM- 691537 RESIDING AT
         KARUKAPPILLIL HOUSE, PUTTHUPPADY, P.O, MUVATTUPUZHA, ERNAKULAM
         DISTRICT, PIN - 686673
      2. DR.SREEJA NAIR, AGED 43 YEARS D/O.R.CHANDRASEKHARAN NAIR, ASSISTANT
         PROFESSOR, DEPARTMENT OF MICROBIOLOGY, PUSHPAGIRI INSTITUTE OF
         MEDICAL SCIENCE AND RESEARCH CENTRE, TIRUVALLA- 689101, RESIDING
         SREEBHAVAN, KAITHA SOUTH CHETTIKULANGARA, P.O, MAVELIKARA, ALAPPUZHA
         DISTRICT, PIN - 690106
      3. DR.GIREESH .A.R, AGED 44 YEARS, DR.GIREESH .A.R, AGED 44,
         S/O.K.N.RAMAN NAIR, ASSISTANT PROFESSOR, DEPARTMENT OF MICROBIOLOGY,
         MOSC MEDICAL COLLEGE, KOLENCHERY RESIDING AT AMBADY HOUSE,
         KOODAPPULAM P.O, RAMAPURAM BAZAR, KOTTAYAM DISTRICT, PIN - 686576

   RESPONDENTS:

      1. NATIONAL MEDICAL COMMISSION, POCKET-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. To 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. To 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 admission upon perusing the
   petition and the affidavit filed in support of WP(C) and this court's
   order dated 05.02.2024 and upon hearing the arguments of SRI.SAIJO HASSAN,
   Advocate for the petitioner, SRI.K.S.PRENJITH KUMAR, STANDING COUNSEL for
   R1 & R2 (By Order) and of SRI.P.SREEKUMAR, STANDING COUNSEL for R3 (By
   Order), the court passed the following:
 WP(C) No.4361/2024                                 2/2




                                              ORDER

In the light of the judgment passed by this Court in WPC No. 34567/23, 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 1/8/23.

Post on 30.5.24 along with connected cases.

Hand Over.

Sd/- ZIYAD RAHMAN A.A., JUDGE

23-05-2024 /True Copy/ Assistant Registrar