IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 OP.No. 26338 of 2002(I) -------------------------------- PETITIONER(S): ---------------------- DR. FRANCY CHALISSERY, S/O. LATE MR. C.L. VARGHESE, "AISWARYA", 1ST AVENUE, AVENUE ROAD, THRISSUR - 680 005. BY ADV. SMT.C.V.BINDU SMT.SARITHA DAVID CHUNKATH RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI-110 001. 2. THE MEDICAL COUNCIL OF INDIA AIWAN-E, GALIB MARG, KOTLA ROAD, NEW DELHI - 110 002, REPRESENTED BY ITS SECRETARY. R1 BY ADV. MR.S.PRASANTH, ADDL.CGSC, SMT.MOLLY JACOB, CGC . R2 BY ADV. MR.GEORGE POONTHOTTAM THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 26338/2002-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER IN NOVEMBER, 1999 BY THE SECRETARIAT OF THE STANDING CONFERENCE OF MINISTERS EDUCATION AND CULTRUAL AFFAIRS GERMANY. EXT.P2: COPY OF THE CERTIFICATE DATED 09/11/1999 ISSUED BY A MEDICAL BODY OF GERMANY TO THE PETITIONER. EXT.P3: COPY OF THE LETTER DATED 30/11/79 OF EMBASSY OF INDIA IN BOON. EXT.P4: COPY OF THE ENGLISH TRANSLATION OF A CERTIFICATE DATED 28/11/1994 ISSUED TO THE PETITIONER BY THE GERMAN FEDERAL LAND OF LOWER SAXONY FOR CENTRAL AND SOCIAL AFFAIRS, GERMANY. EXT.P5: COPY OF THE CERTIFICATE DATED 02/08/1996 ISSUED TO THE PETITIONER. EXT.P6: COPY OF THE LETTER DATED 03/06/98 RECEIVED BY THE PETITIONER FROM MEDICAL COUNCIL OF INDIA. EXT.P7: COPY OF THE REPRESENTATION DATED 15/05/99 SUBMITTED BY THE PETITIONER BEFORE R2. EXT.P8: COPY OF THE COMMUNICATION DATED 22/11/99 RECEIVED BY THE PETITIONER FROM R2. EXT.P9: COPY OF THE LETTER DATED 21/07/2000 RECEIVED BY THE PETITIONER FROM THE EMBASSY OF FEDERAL REPUBLIC OF GERMANY IN NEW DELHI. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE LETTER NO.203(111)95-REGN./23167 DATED 27/11/1998. EXT.R2(b): COPY OF THE LETTER NO.203(257)/96-REGN./25655 DATED 23/12/98. EXT.R2(c): COPY OF THE LETTER NO.203(257)/96-REGN./18511 DATED 23/09/2000. EXT.R2(d): COPY OF THE LETTER NO.203(257)/96-REGN./35867 DATED 07/03/2001. EXT.R2(e): COPY OF THE LETTER NO.203(257)/96-REGN./7136 DATED 05/06/2002. //TRUE COPY// P.S. TO JUDGE Rs/ ANTONY DOMINIC,J. --------------------- O.P.No.26338 OF 2002 ------------------------ Dated this the Ist day of June, 2009. JUDGMENT The prayer sought for in this original petition is to quash Ext.P8 and to declare that the stand of the Medical Council of India refusing to recognize the qualification obtained by the Petitioner as unreasonable and irrational and bad in law. Consequential reliefs including one requiring the Medical Council of India to grant recognition to the qualification possessed by the Petitioner enabling him to practice medicine in India are also sought for. 2. Petitioner claims that, he obtained a medical degree from the Federal Republic of Germany. It is stated that, he was desirous of practicing medicine in India and therefore as required under the provisions of the Medical Council of India Act, 1956 an application was made for recognition and registration. This was followed by various representations. Finally, by Ext.P8 the Medical Council of O.P.No.26338/02 2 India, by a detailed proceedings, rejected the said applications. It is in this background this original petition is filed with the prayers made as above. 3. The main contention raised by the counsel for the petitioner is that the Medical Council of India having recognized MD (Hannova Medical Hochschule University) Federal Republic of Germany, there is no justification for declining to recognizethe qualification possessed by the Petitioner. 4. In my view, there is absolutely no substance in what the Petitioner contends. A reading of Ext.P1 relied on by the Petitioner itself would show that in Germany there is no course corresponding to “Doctor of Medinice (M.D) in India. It is stated that MD in India can be considered as equivalent to the specialist medical training in Germany in order to become a “Facharzt”. However, Ext.P1 itself shows that the certificate possessed by the petitioner confers on the petitioner only the title “Arzt” (Medical Practitioner). Therefore in Germany itself, the authorities do not recognize the qualification possessed by the petitioner as anything equivalent to the course which O.P.No.26338/02 3 corresponds to M.D, to claim parity with the qualification recognized by the Medical Course in India. If that be so, the very foundation of the petitioner's claim is erroneous. 5. That apart I see absolutely no reason for this court to interfere with this matter. Going by the provisions of the Medical Council of India Act, it is for the Medical Council of India, a body consisting of experts in the field of Medical Education to assess the course content, training which is imparted and such other materials and to decide as to whether the training imparted in a foreign country should be considered as equivalent to a degree in India and to recognize the same. In this case, exercising the statutory powers, the Medical Council has decided in the negative. Having gone through Ext.P8 in its entirety, I am not in a position to conclude that the view taken in Ext.P8, is erroneous for any reason or is vitiated by mala fides warranting interference. Original Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ O.P.No.26338/02 4 ANTONY DOMINIC,J. ------------------------ W.P.(C).No.26338 OF 2002 ------------------------ Dated this the Ist day of June, 2009. JUDGMENT