IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 13893 of 2009(F) -------------------------- PETITIONER(S): --------------- N.S. LAKSHMI, C/O. DR. ROHIT.R.M, FLAT NO.B 9, GOLDEN ENCLAVE, CHEVAYOOR, CALICUT. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. TRAVANCORE COCHIN MEDICAL COUNCIL, REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD, TRIVANDRUM. 2. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET - 14, SECTOR 8, DWARAKA, NEW DELHI. 3. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, THENJIPALAM, MALAPPURAM DISTRICT. ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R1 R2I.ALEXANDER THOMAS, SC, MCI SRI.P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).13893/2009 ....................... Dated this the 4th day of June, 2009 JUDGMENT Petitioner is undergoing House surgency in the Jubilee Medical Mission Medical College, Trichur. She is desirous of getting her Internship transferred to Calicut. The authorities have expressed their willingness to accommodate the petitioner in the Government General Hospital, Kozhikode. The authorities of Jubilee Medical College also have no objection in this regard. But the petitioner is not permitted to undergo her Internship at Kozhikode, apparently, on account of the rider incorporated in Ext.P2, provisional registration granted by the Travancore Cochin Medical Council to the following effect. “Provisional registration is issued subject to the final result of Writ Petition No.374/09 to do Internship only in the Jubilee Mission College & Research Institute, Thrissur. W.P.(C).13893/09 2 2. The aforementioned writ petition is one preferred by the petitioner and others in the wake of the Medical Council taking a decision not to grant provisional registration to the students who passed out from the Jubilee Medical College and two other Colleges on the ground that they do not have a permanent recognition from the Medical Council of India. Interim orders were passed by this Court requiring the Medical Council to issue provisional registration and it is accordingly Ext.P2 has been issued as mentioned above. W.P.(C).374/09 is pending on the files of this Court. 3. Mr.Alexander Thomas, learned counsel for the Medical Council submits that a decision has been taken by the Medical Council to recommend to the Government of India to recognize the MBBS Degree awarded pursuant to the successful completion of the Course in Jubilee Medical College. The issue will ultimately have to be resolved in W.P.(C). W.P.(C).13893/09 3 374/09. But in the meanwhile, I do not think there is any reason why the Internship should not be permitted to be continued in the Government General Hospital, Kozhikode. 4. Mr.Reghuraj, learned counsel for the Travancore Cochin Medical Council, submits that ultimately the issue will depend upon the outcome of Writ Petition No.374/09. The fact that the petitioner is permitted to continue her internship in an institution other than in a place where she prosecuted her MBBS Course, should not otherwise create any equity in favour of the petitioner or validate the internship, if ultimately this Court takes an adverse view in W.P.(C).374/09. I find force in the submission. 5. I am therefore, of the view that the petitioner is entitled to continue and complete her internship in the Kozhikode Government General Hospital W.P.(C).13893/09 4 without reference to the rider contained in Ext.P2. This shall be subject to the final outcome of Writ Petition No.374/09 pending before this Court. 6. Accordingly, writ petition is disposed of directing the first respondent to permit the petitioner to undergo her internship, in the Government General Hospital, Kozhikode, as sought for by her, subject to the result of Writ Petition No.374/09. 7. It is further made clear that the fact that the petitioner is being permitted to continue her internship at Kozhikode will not by itself validate her internship, if the decision in Writ Petition No.374/09 is adverse to the interest of the petitioner. V.GIRI, Judge mrcs