IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WA.No. 1955 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.22894/2011 Dated 15/11/2011 .................... APPELLANT/ PETITIONER ------------------------ DR.PRASANTH K.S., LECTURER, DEPARTMENT OF GASTROENTEROLOGY, GOVERNMENT MEDICAL COLLEGE, TRIVANDRUM. BY ADV. SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH RESPONDENTS/ 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. R1 BY ADV. SRI.ALEXANDER THOMAS, SC, MCI R2 BY ASST. SOLICITOR GENERAL MR. P. PARAMESWARAN NAIR R3 AND R4 BY GOVERNMENT PLEADER ADV. SMT. K. MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag. CJ & P.R. RAMACHANDRA MENON, J. .............................................................................. W.A.No. 1955 of 2011 ......................................................................... Dated this the 21st December, 2011 J U D G M E N T MANJULA CHELLUR, Ag. CJ. This appeal is directed against the judgment of the learned Single Judge dated 15.11.2011 in W.P.(C) No.22834 OF 2011. The appellant herein, a lecturer in the Department of Gastroenterology, Government Medical College, Trivandrum is a graduate in MBBS and also a holder of DNB (Diploma of National Board) in Paediatrics. It is not in dispute that the Union of India issued Ext.P5 Notification dated 20.02.2009 declaring that DNB is equal to MD in the discipline concerned. However, it is not in dispute that Ext.P4 Medical Council of India Post Graduate Medical Education Regulations, 2000 came to be amended by Ext.P7 notification dated 21.07.2009. As per Ext.P4, the eligible qualification to do DM Gastroenterology originally was both MD (Medicine)/ DNB (Medicine) and so also MD (Paediatrics)/DNB (Paediatrics). By virtue of amendment, as per Ext.P7, MD (Paediatrics) and DNB(Paediatrics) came to be withdrawn. It is W.A.No. 1955 of 2011 2 under challenge before the learned single Judge. 2. The main grievance of the appellant seems to be that when he sent a representation to the MCI, he was informed by Ext.P10 that review of the concerned notification is under progress, in fact already reviewed. Therefore, according to him, Ext.P7 was under consideration for modification and now the MCI cannot turn back and say, the amended Regulations at Ext.P7 alone would govern the controversy on hand. 3. As against this, the learned Standing Counsel Mr. Alexander Thomas submits, Ext.P5 is a notification dated 20.02.2009, which came to be issued without consultation or approval of the MCI, by the Union of India. Therefore, the MCI brought to the notice of the Union of India, Ext.P5 is in conflict with the Minimum Qualification Procedures Regulations 1998 and the same came to be accepted and the Union of India has, later withdrawn Ext.P5. In that view of the matter, the only Regulation which governs the qualification criteria for DM (Gastroenterology) would be Ext.P7 as on today. 4. According to the learned Counsel for the appellant, in W.A.No. 1955 of 2011 3 the State of Tamilnadu as well as in Chandigarh and Delhi, MD (Paediactrics)/DNB(Paediatrics) is the basic qualification required for a candidate to join DM(Gastroenterology). But in the State of Kerala, there is no such provision by virtue of Ext.P7. According to the learned Standing Counsel, earlier, the qualification to do DM(Gastroenterology) was both from Paediatrics and General Medicine, whether it was MD degree or DNB. But, as a new branch in Gastroenterology, came to be introduced, ie. DM- Paediatrics-Gastroenterology, the required qualification came to be changed . Therefore, the required qualification to do DM-Paediatrics-Gastroenterology is either MD (Paediatrics) or DNB (Paediatrics). If a candidate wants to do DM (Gastroenterology), he must possess a degree either in MD ( Medicine) or DNB (Medicine). In that view of the matter, the appellant cannot grieve about the change of qualification required for DM (Gastroenterology) as it is a policy decision of the MCI , which has an expert body to take into consideration the requirements and fixation of eligible criteria for different courses in the field of Medicine. There cannot be a judicial review of W.A.No. 1955 of 2011 4 such policy decision. If something contrary to Regulations at Ext.P7 is carried on in the State of Tamilnadu, Chandigarh and Delhi, it is for the MCI and concerned authorities to take action in accordance with the procedure. But, the appellant cannot insist that what was done in other States must be accepted in the State of Kerala as well to accommodate him in DM (Gastroenterology). In that view of the matter, we are of the opinion, nothing remains for us to consider in this appeal and accordingly, the appeal is dismissed. MANJULA CHELLUR, ACTING CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk