IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 17105 of 2010(K) ------------------------------- PETITIONER(S): --------------- DR.BIJU.M.V,1/1271 A,MOORTHIYIL HOUSE, NEAR KANAKALAYA BANK, WEST HILL, KOZHIKODE-5. BY ADV. MR.P.K.SURESH KUMAR MRS.N.N.PRASEEDA RESPONDENT(S): --------------- 1. THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM. 2. THE BOARD OF GOVERNORS, UNDER THE INDIAN MEDICAL COUNCIL ACT,REPRESENTED BY ITS SECRETARY, NEW DELHI. 3. MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. ADDL.R4: GOVERNMENT OF INDIA (ADDL.R4 SUO MOTU IMPLEADED AS PER JUDGMENT DATED 29.7.2010 IN W.P.(C) NO.17105/2010) ADVS. MR.N.RAGHURAJ, SC, TCMC & KNMC FOR R1 MR.ALEXANDER THOMAS, SC, MCI FOR R2 MR. T.A. SHAJI – SC MGU MR. T.P.M. IBRAHIMKHAN FOR UNION OF INDIA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17105 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF REGISTRATION CERTIFICATE OF THE PETITIONER UNDER TRAVANCORE – COCHIN MEDICAL PRACTIONERS ACT. EXT.P2: COPY OF PROCEEDINGS NO.MCI – 256 (22)/2008/MED. DTD 14.1.2009 ISSUED BY MEDICAL COUNCIL OF INDIA. EXT.P3; COPY OF CERTIFICATE DTD 23.1.2008 ISSUED BY THE MG UNIVERSITY TO THE PETITIONER. R1'S EXIHIBITS R1: COPY OF RELEVANT EXTRACT OF THE GAZETTE NOTIFICATION DTD 27.7.2009. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.17105 OF 2010 ------------------------------- Dated this the 29th day of July, 2010 J U D G M E N T The petitioner is a doctor. He has obtained DM in Nephrology from the Mahatma Gandhi University. The petitioner has got a contention that the examination was actually written by him in March 2007, although the certificate says February 2007. The petitioner wanted to get his additional qualification registered with the first respondent. The first respondent did not take any steps in respect thereof on the ground that on the question of registration of DM degree course awarded by the Mahatma Gandhi University, a clarification is necessary, since as per Ext.R1 (a) notification issued by the Government of India, DM (Nephrology) qualification shall be a recognised medical qualification when granted by Mahatma Gandhi University in respect of the students being trained at Medical College, Kottayam on or after March 2007. 2. The learned Standing Counsel appearing for the Medical W.P.(c)No.17105/10 2 Council of India has produced before me a recommendation issued by the Medical Council of India to the Secretary to the Government of India recommending recognition of DM (nephrology) Course with the following proviso: “ this shall be a recognised medical qualification when granted by Mahatma Gandhi University Kottayam in respect of students being trained at Govt.Medical College, Kottayam on or after January, 1998”. 3. I have considered the rival contentions in detail. In view of the recommendation by the Medical Council of India, I am of opinion that the Government of India should consider the matter in accordance with the recommendation of the Medical Council of India dated 23.7.2010. For this purpose, I suo motu implead the Government of India as additional respondent in the writ petition. The learned Assistant Solicitor General takes notice for the Government of India. The Government of India shall consider the question of recognition of D.M.(Nephrology) qualification issued by the Mahatma Gandhi University, Kottayam in accordance with the recommendation of the Medical Council of India, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. In the meanwhile, the first respondent shall provisionally register the W.P.(c)No.17105/10 3 additional qualification of the petitioner subject to orders to be passed by the Government of India in this regard as directed above. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(c)No.17105/10 4