IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 33587 of 2007(W) ----------------------------------------- PETITIONER(S): ------------------------ AHAMED KUNJU BADAR, STAR VIEW, PAYIKUZHI OACHIRA, KOLLAM. BY ADVS. SRI.P.KRISHNAN, SMT.S.JASMINE. RESPONDENT(S): ---------------------------- MEDICAL COUNCIL OF INDIA, REPRESENTED BY SECRETARY, MCI SECTOR-8,DWARKA-1, POCKET-14, NEW DELHI. *ADDL.R2 IMPLEADED: R2. T.C.MEDICAL COUNCIL, REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD, THIRUVANANTHAPURAM. (*ADDL.R2 IS IMPLEADED AS PER ORDER DTD. 19/07/2010 IN I.A.NO.9607/2010) R1 BY ADV. SRI.ALEXANDER THOMAS, SC, MCI ADDL.R2 BY ADV.SRI.N.RAGHURAJ, SC, TCMC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35587/2007 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE ISSUED BY ST. PETERSBURG STATE MEDICAL UNIVERSITY ALONG WITH ITS ENGLIGH TRANSLATION. P2: COPY OF THE CERTIFICATE ISSUED BY ST.PETERSBURG STATE MEDICAL UNIVERSITY. P3: COPY OF RECEIPT ISSUED BY INDIAN MEDICAL COUNCIL ACKNOWLEDGING THE RECEIPT OF THE APPLICATION. P4: COPY OF THE LIST OF INSTITUTION RECOGNISED BY MEDICAL COUNCIL OF INDIA. P5: COPY OF LETTER OF THE RESPONDENT DTD. 7/11/2001. P6: COPY OF CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DTD. 19/11/2005. P7: COPY OF ORDER TAGGING WRIT PETITION FILED BY THE PETITIONER WITH THE CIVIL APPEALS. P8: COPY OF JUDGMENT REPORTED IN 2002 (3) SCC 696. P9: COPY OF CERTIFICATE DTD. 13/10/2005 ISSUED BY THE NATIONAL BOARD OF EXAMINATIONS. P10: COPY OF APPLICATION SENT BY THE PETITIONER FOR PROVISIONAL REGISTRATION DTD. 8/11/05. P11: COPY OF THE REPLY OF THE RESPONDENT DTD. 18/05/06. P12: COPY OF LETTER SENT BY THE PETITIONER TO THE RESPONDENT DTD. 10/08/06. P13: COPY OF WORLD DIRECTORY OF MEDICAL SCHOOL FOR SHOWING THE DURATION OF MEDICAL DEGREE COURSE. P14: COPY OF RELEVANT EXTRACT OF SCREENING TEST REGULATION. P15: COPY OF NEWS PUBLISHED IN THE MALAYALA MANORAMA DAILY DTD. 15/10/07. P16: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY SAINT PETERSBURG PAVLOV STATE MEDICAL UNIVERSITY DTD. 8/12/2008. Kss ..2/- ..2.... WPC.NO.33587/2007 W RESPONDENT'S EXHIBITS: R1(): COPY OF THE JUDGMENT DTD. 4/08/09 PASSED BY THE HON'BLE RAJASTHAN HIGH COURT. R1(B): COPY OF THE INTERIM ORDER DTD. 17/04/2000 PASSED BY THE HON'BLE SUPREME COURT. R1(C): COPY OF THE LIST OF CANDIDATES WHO FILED FALSE AFFIDAVIT BEFORE THE HON'BLE SUPREME COURT. R1(D): COPY OF THE JUDGMENT DTD. 8/03/2002 MCI Vs.INDIAN DOCTORS FROM RUSSIA WELFARE ASSNS. (2002) 3 SCC 696. R1(E): COPY OF THE REPLY AFFIDAVIT OF THE MCI DTD. 29/08/03 FILED IN JHARNA ROY'S CASE BEFORE THE HON'BLE SUPREME COURT. R1(F): COPY OF THE ORDER 21/11/2002 PASSED BY THE HON'BLE SUPREME COURT. R1(G): COPY OF CONTEMPT PETITION FILED BY RAHUL Kr.SINGLA BEFORE THE HON'BLE SUPREME COURT. R1(H): COPY OF CERTIFICATE DTD. MARCH 2003 ISSUED BY NATIONAL BOARD OF EXAMINATION IN RESPECT OF RAHUL Kr.SINGLA. R1(I): COPY OF REPLY AFFIDAVIT FILED BY MCI IN CONTEMPT PETITION FILED BY RAHUL Kr.SINGLA. R1(J): COPY OF REJOINDER AFFIDAVIT DTD. 29/01/04 FILED BY RAHUL Kr.SINGLA. R1(K): COPY OF THE ORDER DTD. 16/02/2004 PASSED BY THE HON'BLE SUPREME COURT. R1(L): COPY OF RELEVANT PORTION OF MCI'S REGUALTION OF 1979. R1(M): COPY OF I.A.NO.8/2002 FILED BEFORE HON'BLE SUPREME COURT. R1(N): COPY OF ORDER DTD. 4/04/2003 PASSED BY HON'BLE SUPREME COURT. Kss ..3/- ..3... WPC.NO.33587/2007 W R1(O): COPY OF MCI'S LETTER DTD. 8/07/2003. R1(P): COPY OF CW NO.426/2003 FILED BEFORE THE HON'BLE SUPREME COURT. R1(Q): COPY OF THE ORDER DTD. 15/09/2003 PASSED BY THE HON'BLE SUPREME COURT. R1(R): COPY OF THE ORDER DTD. 12/12/03 PASSED BY HON'BLE DELHI HIGH COURT IN CWP 5153/03. R1(S): COPY OF THE ORDER DTD. 11/12/2006 PASSED BY THE HON'BLE SUPREME COURT IN WP(C) NO.11/2005 - GEORGE JOBIN MAVELI Vs. UOL & Anr. R1(T): COPY OF 10TH CLASS MARKS-SHEET OF PETITIONER. R1(U): COPY OF PETITIONER'S LETTER DTD. 11/09/01 WITH HIS APPLICATION FOR GRANT OF PROVISIONAL REGISTRATION. R1(V): COPY OF MCI'S LETTER DTD. 7/11/01 TO PETITIONER. R1(W):COPY OF MCI'S LETTER DTD. 19/06/02 TO PETITIONER. R1(X): COPY OF PETITIONER'S LETTER DTD. 5/06/04 WITH HIS PRE-DEGREE MARKS STATEMENT SL.NO.12606. R1(Y): COPY OF MCI'S LETTER DTD. 4/11/04 TO PETITIONER. R1(Z): COPY OF APPLICATION FORM DTD. 20/01/06 OF THE PETITIONER. /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 33587 OF 2007 W ----------------------------------------------------------- Dated this the 27th July, 2010. JUDGMENT The petitioner in this writ petition challenges Ext.P11 proceedings by which provisional registration has been refused to him though he is fully qualified and eligible for the same. The petitioner is a person who has completed his medical course from the St.Petersburg State Medical University, Russia. This institution is recognised by the Medical Council of India and the World Health Organization. Since registration of the Medical Council of India is required to start practice in India, the petitioner applied for registration. However, his application for registration was rejected on the ground that the petitioner had not passed the 10+2 examination. The petitioner challenged the refusal of registration to him in W.P(C) 120/2002 before the Hon'ble Supreme Court. The said writ petition was tagged on with Civil Appeal Nos: 2804 & 2807/2000. Ext.P8 is the judgment delivered in the said Civil Appeals. According to the petitioner, he falls under the category of para 6(B) therein and therefore, he was required to qualify the screening test, for registration. Accordingly, he applied for the screening test and passed the test on 25/9/2005. WPC 33587/2007 2 2. After passing the test, on 20/1/2006 the petitioner made a fresh application for provisional registration before the Medical Council of India. That was rejected on 18/5/2006 by the respondent stating that the matter had been considered earlier and the earlier decision dated 4/11/2004 had been communicated to him. Since the said communication was issued to the petitioner on an earlier application dated 30/5/2004 submitted by him before passing the screening test and Pre-degree examination, the petitioner again sent a reply pointing out the fact that he had passed the screening test and was eligible for the grant of provisional registration in all respects. However, the matter was not considered thereafter by the Medical Council of India. Therefore, the petitioner has filed this writ petition challenging Ext.P11. 3. It is brought to my notice that as per judgment 20/6/2010 in W.P(C) 8500/2008 this Court had considered a similar writ petition and has allowed the same directing reconsideration of the matter afresh. This Court has concluded the issue in paragraph 6 of the said judgment as follows:- “Accordingly Ext.P9 order is quashed. The Medical Council is directed to reconsider the WPC 33587/2007 3 application of the petitioner for provisional registration in accordance with law in the light of the above finding, if the petitioner is otherwise entitled to such registration without reference to the stipulation in Ext.P9 he shall be given such registration. The petitioner has been waiting too long for getting provisional registration for starting his internship in Kerala. The learned counsel for the MCI would submit that since the enquiry involves correspondence with the foreign University the MCI would take at least six months' time. Therefore, I am inclined to give the petitioner opportunity to undergo internship pending consideration of his application afresh, especially in view of the submission made by the counsel for the MCI that it will take quiet sometime to pass final orders on his application afresh. Accordingly the second respondent Travancore Cochin Medical Council is directed to give the petitioner provisional registration pending grant of provisional registration by the MCI, so that the petitioner can start internship subject to final orders by the MCI on his application for provisional registration, immediately. Consequently the 2nd respondent shall permit the petitioner to undergo internship based on the provisional registration to be so granted. However, I make it clear that, if for any other valid reason the MCI ultimately rejects his application for provisional registration, the petitioner would not be entitled to the benefit of provisional WPC 33587/2007 4 registration granted by the 2nd respondent and the internship undergone by him consequent thereof subject, of course, to his right to challenge such decision of the MCI.” I am in respectful agreement with the above conclusion. 4. In the light of the above this writ petition is also liable to be allowed. Accordingly Ext.P11 order is quashed. The Medical Council is directed to reconsider the application of the petitioner for provisional registration afresh, in the light of the dictum in the decision referred to above. There shall also be a further direction to the additional second respondent to give provisional registration to the petitioner immediately, pending the grant of provisional registration by the Medical Council of India so that the petitioner can start his internship subject to final orders to be passed on his application for provisional registration. It is made clear that if the Medical Council of India rejects the petitioner's application for registration he would not be entitled to get the benefit of provisional registration granted by the additional second respondent in compliance with the above direction . K. SURENDRA MOHAN Judge jj WPC 33587/2007 5 WPC 33587/2007 6