IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 22894 of 2011(J) -------------------------------------- PETITIONER: ------------------- DR.PRASANTH K.S., LECTURER, DEPARTMENT OF GASTROENTEROLOGY, GOVERNMENT MEDICAL COLLEGE, TRIVANDRUM. BY ADVS. SRI.ELVIN PETER P.J, SRI.T.G.SUNIL (PRANAVAM), SRI.K.R.GANESH. RESPONDENTS: ------------------------ 1. MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET-14, SECTOR 8, DWARAKA, NEW DELHI-110 077. 2. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH, NIRMAN BHAVAN, NEW DELHI-110 001. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL EDUCATION SERVICE, THIRUVANANTHAPURAM - 695 001. R1 BY ADV. SRI.ALEXANDER THOMAS, S.C, M.C.I, R2 BY SRI. P. PARAMESWARAN NAIR, A.S.G.I, R3 & R4 BY SR. GOVT. PLEADER SMT. M.J. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.22894/2011-J: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF M.B.B.S.CERTIFICATE ISSUED TO THE PETITIONER BY THE UNIVERSITY OF KERALA. EXT.P2: TRUE COPY OF D.C.B.CERTIFICATE ISSUED TO THE PETITIONER BY THE UNIVERSITY OF KERALA. EXT.P3: TRUE COPY OF DIP.N.B.CERTIFICATE ISSUED TO THE PETITIONER BY THE NATIONAL BOARD OF EXAMINATIONS. EXT.P4: TRUE COPY OF RELEVANT EXTRACT OF POST GRADUATE MEDICAL EDUCATION REGULATIONS, 2000 ISSUED BY THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF NOTIFICATION DATED 20/2/2009 PUBLISHED BY THE 1ST RESPONDANT. EXT.P6: TRUE COPY OF PROSEPCTUS FOR ADMISSION TO POST GRADUATE SUPER SPECIALITY COURSES, KERALA-2009. EXT.P7: TRUE COPY OF NOTIFICATION DATED 21/7/2009 PUBLISHED BY THE 1ST RESPONDENT. EXT.P8: TRUE COPY OF REPRESENTATION SUBMITTED BY THE FATHER OF THE PETITIONER DATED 5/7/2010 BEFORE THE 1ST RESPONDANT. EXT.P9: TRUE COPY OF PROSPECTUS FOR ADMISSION TO HIGHER SEPCIALITY COURSES IN TAMILNADU GOVT.MEDICAL COLLEGES. EXT.P10: TRUE COPY OF REPLY DATED 5/10/2010 ISSUED BY THE 1ST RESPONDANT TO PETITIONER'S FATHER. EXT.P11: TRUE COPY OF PROSPECTUS FOR ADMISSION TO POST GRADUATE SUPER SPECIALITY COURSES, KERALA 2011. EXT.P12: TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDANT DATED 29/7/2011. RESPONDENTS' EXHIBIT:- EXT.R1.A: COPY OF THE AMENDMENT NOTIFICATION DT. 03/11/2010. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J ....................................................... W.P.(C).22894/2011 .............................................. Dated this the 15th day of November, 2011 JUDGMENT Exts.P1 to P3 shows that the petitioner has passed MBBS, MD and DNB (Paediatrics). 2. Ext.P4 is the Post Graduate Medical Education Regulations, 2000, framed by the first respondent. As per Ext.P4, for admission to DM Gastroenterology, those applicants having MD(Medicine) and MD (Paediatrics) are eligible. 3. Ext.P5 is a notification issued by the Government of India which shows that an amendment to the schedule to the MCI Act was made to the effect that DNB in the concerned discipline will be treated as equivalent to MD in the same discipline. Subsequently, by Ext.P7 notification, Ext.P4 Regulations were amended, deleting M.D.(Paediatrics) as a qualification eligible for admission to DM Gastroenterology. This notification was issued on 21.7.2009. 4. On the issuance of Ext.P7 notification, Ext.P8 representation W.P.(C).22894/11 2 was made on behalf of the petitioner, impugning Ext.P7 and to the said representation, Ext.P10 reply was given by the MCI, which, according to the petitioner, indicates that a proposal for the modification of Ext.P7 was under their consideration. However, even by the time when Ext.P11 prospectus for admission to Post Graduate Courses was issued in 2011, modification to Ext.P7 was not carried out and on account of the same, Ext.P12 representation was made to the first respondent, requesting to expedite the same. Despite the representation, there was no progress in the matter and it was in these circumstances, petitioner who is stated to be desirous of seeking admission to DM Gastroenterology in 2012, has filed this writ petition, with the following prayers:- (i). Declare that Dip.NB in Paediatrics awarded by the National Board of Examinations, New Delhi as prior requirement/basic qualification for admission to DM Gastroenterology. (ii). Issue a writ of mandamus or other appropriate writ, order or direction, directing the 1st respondent to take a decision on the recommendations made by the working group of Equivalence and the Medical Council of India to treat Dip.NB in paediatrics as a qualification for admission to DM Gastroenerology forthwith. W.P.(C).22894/11 3 5. Therefore, the premise on which the petitioner has filed this writ petition is that the proposal for modification of Ext.P7 is pending consideration of MCI and that it should be expedited. 6. A counter affidavit has been filed by the MCI in which the positive stand taken is that modification which was pending consideration of the MCI and mentioned in Ext.P10 communication, was a modification to Ext.P5 and that as mentioned in Ext.P10, they have already finalized the said proposal by Ext.R1(a) notification issued on 3.11.2010. Therefore, from the pleadings that has been made by the MCI, it is evident that there was no proposal before it to modify Ext.P7 notification. 7. Nobody has such a case that under the MCI Act, it is not within the purview of MCI to frame and amend its Regulations. If that be so, Ext.P7 cannot said to be illegal for want of statutory power. Petitioner has approached this Court on the only premise that MCI was considering a proposal to modify Ext.P7 and that the said modification should be expedited. Now that the MCI in its counter affidavit stated that, they do not intend to modify Ext.P7 W.P.(C).22894/11 4 and that the proposal mentioned in Ext.P10 was to modify Ext.P5, which has been done by Ext.R1(a), the writ petition is only to be dismissed in the light of the above stand taken by the MCI. Accordingly, the writ petition is dismissed. ANTONY DOMINIC, Judge mrcs /true copy/ P.A. To Judge