IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WA.No. 625 of 2009 -------------------- AGAINST THE ORDER IN WPC.435/2009 Dated 08/01/2009 .................... APPELLANT/RESPONDENT NO.2: ----------------------------------- MEDICAL COUNCIL OF INDIA, THROUGH ITS SECRETARY, POCKET-14, SECTOR-8, DWARKA, NEW DELHI-110 075. BY ADV. SRI.ALEXANDER THOMAS, SC, MCI RESPONDENTS/PETITIONERS 1 TO 3 & RESPONDENTS 1 & 3: ------------------------------------------------------------------- 1. MIDU KANHINGHAT SREEVALSA KRISHNAN, S/O.SREEVALSA KRISHNAN, AGED 27 YEARS, KANHINGAT HOUSE, KANIMANGALAM P.O., SUBASH NAGAR, THRISSUR DISTRICT. 2. SHARON ELIZABETH MATHEW, D/O.OOMMEN MATHEW, AGED 24 YEARS, CHAVANICKAMANNIL HOUSE, PARIYARAM P.O., MALLAPALLY, PATHANAMTHITTA DISTRICT. 3. SHIPRA SHARMA, D/O.ASHOK KUMAR SHARMA, AGED 28 YEARS, SHARMA NURSING HOME, MAHAVIR COLONY, SONEPAT-131 001 (HARYANA). 4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE NIRMAN BHAVAN, NEW DELHI. 5. UNIVERSAL EMPIRE INSTITUTE OF MEDICAL SCIENCES PVT.LTD., `POOJA' MOSQUE LANE S.R.M.ROAD, KOCHI. R1 TO R3 BY SR. ADV.SRI.NAGESHWARA RAO R4 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/03/2009, ALONG WITH WA NO. 604 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.Nos. 604 & 625 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 26th day of March, 2009 JUDGMENT Kurian Joseph, J. These are appeals filed by the Medical Council of India aggrieved by the interim order passed by the learned Single Judge directing grant of provisional registration to the writ petitioners. Writ Petitioners admittedly possess an unrecognised qualification in Medicine. The degree has been obtained from West Indies and that has not yet been recognised by the Medical Council of India. In respect of writ petitioners in WP(C) No.637/09(WA No.604/09), the Medical Council of India had granted provisional registration and in respect of the other batch, provisional registration is yet to be granted. The learned Single Judge taking note of the fact that the issue is covered by the judgment in WP(C) Nos. 3115/03 & 33104/03, WA Nos.604 & 625/09 -:2:- directed the Medical Council of India to issue provisional registration. Aggrieved, these writ appeals are filed by the Medical Council of India. 2. Heard Sri.Nageshwara Rao, learned Senior counsel appearing for the writ petitioners and Sri.Alexander Thomas, learned Standing Counsel appearing for the Medical Council of India. 3. It is submitted that the High Court of Delhi and High Court of Madras have taken a contra view in the matter and the issue is before the Supreme Court. Be that as it may, the crucial dispute as far as the writ petitioners in the two cases is concerned pertains to the question as to whether they have undergone their course in Medicine wholly in West Indies or only partly in West Indies and partly in India. Though we have been taken through various provisions under the Indian Medical Council of India Act, 1956, prima facie, we have not been impressed as to any WA Nos.604 & 625/09 -:3:- mandatory Regulation that in respect of unrecognised degrees, the course should be wholly undergone in the foreign country concerned. It is not in dispute that all the writ petitioners have passed the screening test. In that view of the matter we are of the view that, the balance of convenience is in favour of the writ petitioners in the sense that in case the Medical Council of India succeeds in the matter now pending before the Supreme Court, the students do not suffer any irreparable injury. On the contrary, if the Medical Council of India does not succeed before the apex court, the students suffer irreparable injury; they will loose one year. Therefore, subject to the following conditions, we are of the view that the students should be granted the provisional registration, protecting the interests of both parties. These writ appeals are hence disposed of with the following directions: i. The writ petitioners in WP(C) No. 435/09(WA No. 625/09) shall be granted provisional registration, WA Nos.604 & 625/09 -:4:- making it clear that the writ petitioners shall be entitled to claim permanent registration only subject to and after the decision by the apex court in the pending matter. ii. The writ petitioners shall not claim any equity in respect of the training they have undergone pursuant to the provisional registration. iii. By way of abundant caution we make it clear that the provisional registration is intended only for the training and not for other purposes, as stipulated under Section 25 of the Indian Medical Council of India Act, 1956. 4. As far as the writ petitioners in WP(C) 637/09(WA No.604/09) are concerned, they will be permitted to continue the training pursuant to the provisional registration already granted in July 2008, subject to the above conditions. 5. We also make it clear that, we have not adverted to the various contentions taken by the counsel on both sides, since the writ petitions are still pending before the learned Single Judge. All WA Nos.604 & 625/09 -:5:- those contentions are left open. Writ Appeals are disposed of as above. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb