IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 22577 of 2011(V) -------------------------- PETITIONER(S): --------------- AMMU SOMANATH, D/O.SOMANATHAN PILLAI, SOMAGEETHAM, T.C.19/1982(2), POOJAPPURA, THIRUVANANTHAPURAM, PIN-695012. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF MEDICAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011. 3. THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM-695035 REPRESENTED BY ITS REGISTRAR. 4. THE MEDICAL COUNCIL OF INDIA, AIWAN-E-GALIB MARG, KOTLA ROAD, OPP.MATA SUNDARI COLLEGE (FOR WOMEN), NEW DELHI-110002. REPRESENTED BY ITS REGISTRAR ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R3 SRI.ALEXANDER THOMAS, SC, MCI FOR R4 GOVT.PLEADER SMT.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22577/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE KASTURBA MEDICAL COLLEGE, MANGALORE DT 22.2.2010. EXT.P2: TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BYT EH DEPUTY REGISTRAR, MANIPAL UNIVERSITYY DT 23.2.2010. EXT.P3: COPY OF THE PROVISIONAL REGISTRATION CERTIFICATE DT 24.2.2010 ISSUED BY THE KARNAKATA MEDICAL COUNCIL, BANGALORE. EXT.P4: TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE JUBILEE MISSION MEDICAL COLLEGE, THRISSUR DT 15.3.2010. EXT.P5: TRUE COPY OF THE PROVISIONAL REGISTRATION CERTIFICATE ISSUED by the 3RD RESPONDENT DT 8.3.2010. EXT.P6: TRUE COPY OF THE COMMUNICATION NO.B/1052/11/JMMC&R1 DT 12.4.11 ISSUED by the PRINCIPAL, JUBILEE MISSION MEDICAL COLLEGE, THRISSUR TO THE DEAN, KASTURBA MEDICAL COLLEGE, MANGALORE. EXT.P7: TRUE COPY OF THE CERTIFICATE DT 13.4.11 ISSUED by the ASSISTANT DEAN, KASTURBA MEDICAL COLELGE, MANGALORE. EXT.P8: TRUE COPY OF THE CERTIFICATE WITH DETAILS OF THE HOUSEMANSHIP UNDERGONE BY THE PETITIONER. EXT.P9: TRUE COPY OF THE MIGRATION CERTIFICATE DT 14.4.11 ISSUED BY THE MANIPAL UNIVERSITY TO THE PETITIONER. EXT.P10: TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED by the KARNATAKA MEDICAL COUNCIL TO PETITIONER VIDES NO.92121 DT 15.4.11. EXT.P11: TRUE COPY OF THE APPLICATION DT 26.4.11 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P12: TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 26.7.11 BY THE 3RD RESPONDENT. EXT.P13: TRUE COPY of THE COMMUNICATION NO.B4/15386/2009/DME DT 9.7.09 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P14: TRUE COPY OF THE COMMUNICATION NO.F.1334/11/MC DT 11.8.11 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P15: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE KARNATAKA MEDICAL COUNCIL VIDE NO.KMC/NOC 730 DT 27.8.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 22577 OF 2011 ===================== Dated this the 21st day of December, 2011 J U D G M E N T Decisions taken by the 3rd respondent rejecting an application made by the petitioner for registration under the provisions of the Travancore Cochin Medical Practitioners Act, 1953 are under challenge. 2. Petitioner completed her MBBS Course from Kasturba Medical College, Mangalore. She completed her internship in the Jubilee Mission Medical College and Research Institute, Trichur. It is stated that her college had issued Ext.P1 certificate and Ext.P2 NOC enabling her to undergo internship in any of the hospitals recognised by the Medical Council of India. She also relies on Ext.P3, a provisional registration certificate issued by the Karnataka Medical Council, which also, according to her, entitled her to undergo the internship in any of the teaching hospitals recognised by the Medical Council. 3. Exts.P4 and P6 are the certificates issued by the Jubilee Mission Medical college and Research Institute, which shows that the petitioner underwent internship for the period from WPC No.22577/11 :2 : 01/04/2010 to 28/11/2010 and the details of which are also stated therein. It is also stated that before commencing the internship, petitioner had already got provisional registration with the 3rd respondent, the certificate of which is Ext.P5. 4. On completion of her internship as above, petitioner obtained Ext.P10 certificate of registration from the Karnataka Medical Council which shows that she was registered on their rolls on 15th of April, 2011. Subsequently, petitioner made Ext.P11 application for registration with the 3rd respondent. The application was placed in the meeting of the 3rd respondent Council held on 26th of July, 2011 and Ext.P12 additional agenda shows that in view of the fact that the petitioner had not done Community Medicine internship, a part of the internship, in the College of study as per the Medical Council of India norms, the Council decided to reject her request for registration. 5. It appears that the requirement that a student should undergo Community Medicine internship in the college of study is insisted by the 3rd respondent based on Ext.P13 letter of the Director of Medical Education (DME) informing the Council that as per the Medical Council of India Regulation, Community Medicine posting has to be completed only in the parent college where the WPC No.22577/11 :3 : candidate has undergone the course. Based on Ext.P12 decision taken by the Council, Ext.P14 communication was issued to the petitioner, stating that for the aforesaid reason, namely, that the internship in Community Medicine was not done in the parent college, her application was rejected. It is thereupon this writ petition has been filed challenging Exts.P12 and P14. 6. The contention raised by the learned counsel for the petitioner is that there is no regulation of the Medical Council of India providing that internship in the Community Medicine should be at the parent college itself. It is on this basis, it is contended that the rejection of the petitioner's application for registration is illegal and has to be set aside. 7. I heard the learned counsel appearing for the 3rd respondent who has also filed its counter affidavit and produced various documents. According to the 3rd respondent, they passed the impugned resolution based on Ext.P13 communication received from the Director of Medical Education. It is also his contention that many of the petitioner's colleagues have also migrated from Karnataka only after completing the internship in Community Medicine in the parent college. Further, it is also pointed out that the Kerala University also insists that the WPC No.22577/11 :4 : internship in Community Medicine shall be in the parent college. 8. I heard the learned standing counsel appearing for the 4th respondent. He has produced before me the communication received from the Medical Council of India dated 9/11/11 which also confirms that the rules framed by the Medical council are silent as to whether a student should undergo internship in Community Medicine in the parent college itself. 9. The rejection of the petitioner's application for registration is on the only ground that she has not completed her internship in Community Medicine in the parent college. This according to the DME, who has issued Ext.P13, is a requirement of the Medical Council of India. The relevant regulations namely the Regulations on Graduate Medical Education, 1997 has been produced as Ext.R3(a). As confirmed by the Medical Council of India, in its instruction to its standing counsel, apart from providing that a candidate after passing final MBBS Examination should undergo compulsory rotational internship to the satisfaction of the College authorities and University concerned for a period of twelve months so as to be eligible for award of degree of MBBS and full registration (vide chapter V Clause 5), there is no prescription in the Regulations that the internship in WPC No.22577/11 :5 : Community Medicine shall be in the parent college where the candidate has undergone MBBS course. This therefore shows that the premise on which Ext.P13 letter has been issued by the DME is erroneous. Consequently, the view taken by the 3rd respondent that there is such a prohibition in the MCI Regulations is also erroneous. Therefore, the rejection of the petitioner's application for registration as per Exts.P12 and P14 on the basis that the student should have undergone internship in Community Medicine at the parent college as per the MCI Regulations, is illegal and has to be set aside. Therefore, setting aside Exts.P12 and P14, the writ petition is disposed of directing that fresh orders on Ext.P11 application made by the petitioner shall be passed by the 3rd respondent as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp