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Kerala High Court
Dr.Yoonus Kunju Mytheen Kunju Shibnu vs Medical Council Of India on 18 February, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2026:KER:14480
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 9853 OF 2019
PETITIONER:
1 DR.YOONUS KUNJU MYTHEEN KUNJU SHIBNU
AGED 45 YEARS
S/O. YOONUS KUNJU,
M.M. MANZIL, PAYIKUZHI,
OACHIRA P.O, KOLLAM DISTRICT
2 DR. KARUVANTE VALAPPIL NAVAS
AGED 35 YEARS
S/O. HYDROSE K.V.
KARUVANTE VALAPPIL HOUSE,
MOOKKUTHALA VADAKKUMURI,
MOOKKUTHALA P.O, MALAPPURAM DISTRICT
BY ADV. DR.GEORGE ABRAHAM
RESPONDENTS:
1 MEDICAL COUNCIL OF INDIA
SECTOR 8, POCKET-14, DWARAKA,
NEW DELHI -110 075,
REPRESENTED BY ITS REGISTRAR
2 TRAVANCORE COCHIN MEDICAL COUNCIL
RED CROSS ROAD, THIRUVANANTHAPURAM - 695 035,
REPRESENTED BY ITS REGISTRAR
3 THE REGISTRAR
TRAVANCORE COCHIN MEDICAL COUNCIL,
THIRUVANANTHAPURAM - 695 035
BY ADV SHRI.TITUS MANI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P(C) No.9853 of 2019
-:2:-
BECHU KURIAN THOMAS, J.
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W.P(C) No.9853 of 2019
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Dated this the 18th day of February, 2026
JUDGMENT
Petitioners are registered Medical Practitioners under the
Medical Council of India, who obtained their Bachelors Degree from
Universities outside the country. By the impugned orders, the second
respondent issued a general notice stating that all Doctors who
obtained the qualifications of M.D Physician, M.D. Doctor of Medicine,
from abroad, which are equivalent only to MBBS in India, to include as
a suffix with their name and Degree 'equivalent to MBBS in India'. By
Exhibit-P8, the third respondent issued specific letters addressed to
various Doctors who obtained their medical qualification from outside
India, to include the term 'equivalent to MBBS in India' along with their
name and Degree.
2. Petitioners are aggrieved by the stipulation to include the
terms 'equivalent to MBBS in India' as a suffix to their name and
Degree, and hence approached this Court, questioning the authority of
respondents to issue such a directive.
3. I have heard Sri. George Abraham, the learned counsel for
the petitioners, Sri. Prenjith Kumar, the learned Standing Counsel for
the first respondent, Sri. Vivek Manon, the learned Standing Counsel
for respondents 2 and 3 and Sri. Rajeev Jyothish George, the learned
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Government Pleader.
4. The question as to whether the respondents have the
authority to direct inclusion of the terms 'equivalent to MBBS in India'
was considered by a Division Bench of this Court in Ramakrishna
Babu M. (Dr.) and Others V. Medical Council of India and
Others [2018 (4) KLT 775]. After elaborately considering the said
issue, the Division Bench came to the following conclusions:
"6. It is worth noting that the learned Standing Counsel
Sri. N. Raghuraj appearing for the Travancore - Cochin
Medical Council has failed to show us any provision which
permits the State Medical Council to require the doctors,
who qualified from foreign institution, to display in their
name board or in their letter heads that, their Degree of
M.D. Physician is, equivalent to the MBBS Degree. The
counsel however, submits that if such indication is not
given in the name boards and in the letter heads, there is
every possibility of the public or patients being misguided
as to the qualification of the doctor and they might
erroneously consider the concerned doctor to be specialist
or a doctor with Post Graduate Degree in Medicine.
7. The perceived misunderstanding regarding the
qualification of the doctor may not by itself, be a
justification for the State Medical Council to insist on the
doctors, who have obtained their Degree from foreign
institution, to make changes in their name boards or in
their letter heads since it is not the case of the State
Medical Council that the doctors had not obtained the
displayed Degrees or they attempted to mislead the public.
In fact, the doctors were displaying their precise
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qualification in their prescriptions as well as in the name
boards and the projected information appears to conform
to the Ext.R2(b) communication of the MCI, issued on
16.7.2015.
8. For the above reasons, we feel that the impugned
judgment to the extent it upholds Exts. P13 and P14 of the
State Medical Council, requiring the doctors to effect
changes in their letter heads and name boards, is not
supported by the MCI Regulations or the guidelines issued
by the MCI. We, therefore, set aside that part of the
impugned judgment. It is nevertheless made clear that the
writ petitioners / appellants should submit their
Registration Certificates to the State Medical Council to
obtain an endorsement thereon to the effect that their
Degree of M.D. Physician or similar Degree from foreign
university, is equivalent to the MBBS Degree in India. It is
ordered accordingly."
5. The above decision applies in all its vigour in the instant
case also, as the petitioner stands on the same footing as the
petitioners in those appeals.
6. In view of the above, Exhibit-P3, Exhibgit-P4, Exhibgit-P7
and Exhibit-P8 orders issued by the third respondent are quashed. In
the absence of any guideline to the contrary either by MCI or
regulations of MCI, it is declared that petitioners are entitled to affix
the qualifications after their name as M. D. Physician. It is however,
directed that the petitioners shall submit their Registration
Certificates to the State Medical Council to obtain an endorsement
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thereon, to the effect that their Degree of M.D. Physician or similar
Degree from foreign University, is equivalent to the MBBS Degree in India.
Writ petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/18.02.26.
2026:KER:14480
APPENDIX OF W.P.(C). NO.9853 OF 2019
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED TO THE 1ST PETITIONER
BY THE TRAVANCORE COCHIN MEDICAL COUNCIL,
DATED 24-4-2013.
EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE
ISSUED TO THE 2ND PETITIONER BY THE
TRAVANCORE COCHIN MEDICAL COUNCIL, DATED
15-6-2013.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 3RD RESPONDENT DATED 06-7-2015
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 22-
5-2015 PUBLISHED IN THE OFFICIAL WEBSITE.
EXHIBIT P5 TRUE COPOY OF THE COMMUNICATION ISSUED BY
THE 1ST RESPONDENT DATED 11-05-2015.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WRIT PETITION
NO.24623/18.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 3RD RESPONDENT DATED 15/6/2017.
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED
20.11.2017.
