Dr. Lovelyn Joseph vs The National Medical Commission
2025 Latest Caselaw 1895 Ker

Kerala High Court

Dr. Lovelyn Joseph vs The National Medical Commission on 3 January, 2025

WP(C) No.46643/2024                      1/3

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
              Friday, the 3rd day of January 2025 / 13th pousha, 1946
                             WP(C) NO. 46643 OF 2024(E)
   PETITIONER:

          DR. LOVELYN JOSEPH, AGED 42 YEARS W/O. REJEESH E.P, ASSOCIATE
          PROFESSOR, P.K. DAS INSTITUTE OF MEDICAL SCIENCES, PALAKKAD NOW
          RESIDING AT VALUTHOTTYIL HOUSE, MAITHRI NAGAR 8, KOOTHATUKULAM,
          ERNAKULAM, PIN - 686662

   RESPONDENTS:

      1. THE 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 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 Exhibits P-5 and P-9 to the extent it
   limits Examinership to faculties possessing MBBS degree only, pending
   disposal of the above Writ Petition (Civil).

        ii) direct the 3rd respondent University to include the petitioner
   and other non-medical faculties as examiners/evaluators pursuant to
   Exhibits P-5 and P-9, pending disposal of the above Writ Petition(Civil).


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. JOHN VARGHESE & AYISHA T.S. Advocates for the petitioner,
   SRI.P.SREEKUMAR (SENIOR ADVOCATE) along with SRI.BINNY THOMAS STANDING
   COUNSEL for THE respondent 3, the court passed the following:
 WP(C) No.46643/2024                         2/3




                                 C. JAYACHANDRAN, J.
                             ----------------------------
                               WP(C) No. 46643 of 2024
                           ------------------------------
                       Dated this the 3rd day of January, 2025

                                             ORDER

Without examining the matter on merits, this Court

takes note of Ext.P14 order, as also Ext.P13 judgment

and permits the petitioner to be appointed as Examiner,

if the Appointing Authority so inclined to do so. The

entitlement of the petitioner to collect the fees will

be subject to such further orders passed by the regular

court and in case no such orders are passed, the same

will be subject to the result of this Writ Petition.

Post before the regular court on 20.01.2025.

Sd/-

C. JAYACHANDRAN, JUDGE

SVP

03-01-2025 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 46643/2024 Exhibit P-5 TRUE COPY OF THE RELEVANT PORTION OF THE COMMUNICATION NO. U. 14021/8/2023-UGMEB DATED 01-08-2023 OF THE 2ND RESPONDENT Exhibit P-9 TRUE COPY OF THE CIRCULAR NO. 18117/2022/A2/EX DENTAL/KUHS DATED 28-10-2024 ISSUED BY THE 3RD RESPONDENT Exhibit P-13 TRUE COPY OF THE JUDGMENT DATED 30-05-2024 IN W.P. (C)

Exhibit P-14 TRUE COPY OF THE INTERIM ORDER DATED 05-12-2024 IN W.P.(C) NO.43147/2024 OF THIS HON'BLE COURT

03-01-2025 /True Copy/ Assistant Registrar