IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 32552 of 2010(T) -------------------------------------- PETITIONER: ------------------- RESHMI G.NAIR, AGED 25 YEARS, D/O.K.GOPINATHAN NAIR, USHUS (KALAYIL), MANDIRAM P.O., RANNY, PATHANAMTHITTA DIST. BY ADVS. SRI.M.T.SURESHKUMAR, SRI.R.RANJITH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 690 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011. 3. THE KERALA PARAMEDICAL COUNCIL, O/O.THE PARA-MEDICAL COUNCIL, SECRETARIAT, THIRUVANANTHAPURAM-690 001 REPRESENTED BY ITS SECRETARY. 4. MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM - 686 560, REPRESENTED BY ITS REGISTRAR. R4 BY ADV. SRI. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32552/2010-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEGREE CERTIFICATE ISSUED BY THE R.4. UNIVERSITY TO THE PETITIONER DTD. 22/01/2009. EXT.P.2: COPY OF THE COVERING LETTER DTD. 22/07/2010 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.3: COPY OF THE APPLICATION FOR REGISTRATION DTD. 22/07/2010 SUBMITTED BY THE PETITIONER. EXT.P.4: COPY OF THE DEMAND DRAFT DTD. 22/07/2010 DRAWN IN FAVOUR OF R.3. EXT.P.5: COPY OF THE COMMUNICATION DTD. 27/08/2010 ISSUED BY R.2. REJECTING PETITIONER'S REQUEST FOR REGISTRATION. EXT.P.6: COPY OF THE ORDER DTD. 10/11/2008 PASSED BY THE R.1. EXT.P.7: COPY OF THE CERTIFICATE DTD. 18/08/2010 ISSUED BY THE R.4. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.32552 OF 2010(T) -------------------------------------------------- Dated this the 28th day of January, 2011 J U D G M E N T Petitioner has acquired B.Sc(MLT) degree from the Regional Institute of Medical Sciences, Puthupally, which is stated to be functioning under the 4th respondent University. As per Exts.P2 to P4, petitioner applied to the 3rd respondent for registration. That application of the petitioner was returned by Ext.P5 communication, stating that B.Sc(MLT)from the 4th respondent cannot be registered with the 3rd respondent. It is challenging Ext.P5 that the writ petition is filed. 2. As rightly pointed out by the counsel for the petitioner, if a request for regularization is received, such request has to be dealt with by the 3rd respondent, in the manner as laid down in Ext.P6 Govt. Order. The relevant part of which reads as under. “Government have examined the case and are pleased to order that the Certificate of Registration to Paramedical Certificate holders will be limited to Certificate holders of only those courses conducted by the Director of Medical Education/Director of Health Service. The Director of Medical Education on receipt of requests from Certificate holders or Degree courses conducted by the Universities viz. B.Sc MLT and Bachelor in Physiotherapy, will refer the requests to the Universities concerned for verification of Certificates WPC.No. 32552/2010 :2 : and Registration Certificate will be issued on receipt of report from the University concerned. The Director of Medical Education will maintain separate register for Registration of Certificates of courses conducted by Universities. Details of Certificates of registration issued to candidates shall be made available in the website.” 3. The contention is that it was without adopting the above said course that Ext.P5 order was issued. This contention is fully justified as Ext.P5 does not show that reference was made to the University. For that reason, Ext.P5 has to be set aside and I do so. The writ Petition will therefore stand disposed of directing that on the production of a copy of the judgment, it will be open to the petitioner to resubmit Exts.P2 to P4 to the 3rd respondent and on such resubmission, the 3rd respondent will refer the matter to the 4th respondent University as specified in Ext.P6. Once the aforesaid reference is made and clarification is obtained from the University, appropriate action on Exts.P2 to P4 will be taken by the 3rd respondent. It is directed that on submission of the application reference shall be made within 4 weeks and the University on its receipt shall deal with it, at any rate, within 6 weeks thereafter. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 32552/2010 :3 :