IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 4837 of 2008(A) ------------------------------------- PETITIONERS: --------------------- 1. KIWIN PEER MUHAMMED IBRAHIM, TAJ MANZIL, JILLA COURT WARD, THATHAMPALLY P.O, ALLEPPEY DISTRICT. 2. MOHAN P.MATHEW, PUTHANANGADI HOUSE, P.O.THRIKKAKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ------------------------- 1. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS REGISTRAR, ALWAR-E.GALIB MARG, KOTLA ROAD, NEW DELHI - 110 002. 2. MINISTRY OF HEALTH AND FAMILY WELFARE, REPRESENTED BY ITS SECRETARY, NIRMAN BHAWAN, MOULANA AZAD ROAD, NEW DELHI - 110 001. 3. UNIVERSAL INSTITUTE OF MEDICAL SCIENCES, RANIGAON, BHAIRAHAWA, DISTRICT RUPANDEHI, LUMBINI ZONE, NEPAL, HAVING ITS CORPORATE OFFICE AT IST FLOOR, MERCY ESTATE, RAVIPURAM, M.G.ROAD, ERNAKULAM, COCHIN - 682 015. 4. THE TRAVANCORE COCHIN MEDICAL COUNCIL, RED CROSS ROAD, VANCHIYOOR, TRIVANDRUM, REPRESENTED BY ITS REGISTRAR. ADV. SRI.A.SUDHI VASUDEVAN, ADDL.CGSC FOR R2 SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R4 SRI.ALEXANDER THOMAS, SC, MCI FOR R1 SRI. TPM IBRAHIMKHAN, ASG THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010 ALONG WITH WPC NO. 22064/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4837 of 2008(A) APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1: TRUE COPY OF THE NOTIFICATION NO.V.11015/37/90-ME (P) ME/UG OF THE GOVERNMENT OF INDIA DATED 27/5/1994. EXHIBIT P2: TRUE COPY OF THE AGREEMENT BETWEEN THE TRIBUVAN UNIVERSITY, NEPAL AND 3RD RESPONDENT DATED 8/6/1998. EXHIBIT P3: TRUE COPY OF THE COMMUNICATION OF THE NEPAL MEDICAL COUNCIL DATED 13/9/2004. EXHIBIT P4: TRUE COPY OF THE COMMUNICATION OF THE TRIBHUVAN UNIVERSITY DATED 23/1/2004. EXHIBIT P5: TRUE COPY OF THE NOTIFICATON NO.V.11015/3/2003-ME-P-I(PT) DATED 23/10/2006. EXHIBIT P6: TRUE COPY OF THE NOTIFICATION (S.O. 4255) OF THE 2ND RESPONDENT DATED 23/10/2006. EXHIBIT P7(a): TRUE COPY OF PROVISIONAL MBBS DEGREE CERTIFICATE OF THE 1ST PETITIONER DATED 12/2/2007. EXHIBIT P7(b): TRUE COPY OF PROVISIONAL MBBS DEGREE CERTIFICATE OF THE 2ND PETITIONER DATED 12/2/2007. EXHIBIT P8: TRUE COPY OF THE NOTICE OF THE 1ST RESPONDENT DATED 31/5/2007. RESPONDENTS' EXHIBITS: EXHIBIT R-1/1: COPY OF JUDGMENT DATED 4/8/99 PASSED BY HON'BLE RAJASTHAN HIGH COURT IN SB CWP NO. 3105/1998. EXHIBIT R-1/2: COPY OF THE ORDER DATED 4/9/2008 PASSED BY HON'BLE DELHI HIGH COURT IN WPC NO. 8352/2007 AVDESH AHUJA VS. UOI & ORS. EXHIBIT R-1/3: COPY OF THE JUDGMENT DATED 26/9/2008 PASSED BY THE LD. DB OF THE HON'BLE DELHI HIGH COURT. EXHIBIT R-1/4: (COLLY): COPY OF GOVT. OF INDIA'S LETTER DATED 15/2/2004 TOGETHER WITH ITS ANNEXURES. EXHIBIT R-1/5: COPY OF MCI'S LETTER DATED 14/5/2004. EXHBIT R-1/6: COPY OF MCI'S LETTER DATED 7/3/2006. EXHBIT R-1/7: COPY OF GOI'S NOTIFICATION DATED 23/10/2006. EXHBIT R-1/8: COPY OF MCI'S LETTER DATED 20/11/2006. WP(C).No. 4837 of 2008(A) EXHBIT R-1/9: COPY OF MCI'S LETTER DATED 15/12/2006. EXHBIT R-1/10: COPY OF GOI'S NOTIFICATION DATED 11TH/16TH JAN. 2007. EXHIBIT R-1/11: (COLLY): COPY OF INSPECTION REPROT WITH ITS ANNEXURES. EXHBIT R-1/12: COPY OF MCI'S LETTER DATED 23/2/2007. EXHBIT R-1/13: COPY OF MCI'S LETTER DATED 19/2/2007. EXHBIT R-1/14: COPY OF RESPONDENT NO.3 COLLEGE'S LETTER DATED 19/2/2007. EXHBIT R-1/15: COPY OF MCI'S LETTER DATED 21/3/2007. /TRUE COPY/ P.A.TO JUDGE scm K.T. SANKARAN, J. --------------------------- W.P(C).Nos.4837 & 22064 of 2008 ------------------------------------------- Dated this the 16th day of June, 2010 J U D G M E N T Petitioners in W.P(C) No. 4837 of 2008 were the students for M.B.B.S course conducted by Universal Institute of Medical Sciences, Ranigaon, Nepal (3rd respondent). W.P(C) No. 22064 of 2008 is filed by UCMS Sciences Students Welfare Association, which is an association of the students for M.B.B.S in the aforesaid college. 2. Reliefs prayed for in these Writ Petitions are the following: W.P(C).No.4837 of 2008: i. to issue a writ of mandamus or any other writ, direction or order, directing the respondents 1 and 4 to register the petitioners as practitioners of medicine in the Indian Medical Register. ii. to issue a writ of mandamus or any other writ, direction or order, directing the second respondent to enforce its notification dated 23/10/2006 by issuing necessary directions to the respondents 1 and 4 to register the petitioners as practitioners of medicine in the Indian Medical Register. iii.to grant such other reliefs as this Hon'ble Court may deem fit in the circumstances of the case. W.P(C).Nos.4837 & 22064 of 2008 2 W.P(C) No.22064 of 2008: i. to issue a writ of mandamus or any other writ, direction or order, directing the respondents 1 and 4 to register the students, who successfully completed the course and acquire MBBS degree from the third respondent institution as practitioners of medicine in the Indian Medical Register. ii. to issue a writ of mandamus or any other writ, direction or order, directing the second respondent to enforce its notification dated 23/10/2006 by issuing necessary directions to the respondents 1 and 4 to register students, who successfully completed their course and acquired MBBS degree from the third respondent institution as practitioners of medicine in the Indian Medical Register. iii. to grant such other reliefs as this Hon'ble Court may deem fit in the circumstances of the case. 3. The contention of the petitioners is that the students, who passed M.B.B.S from the 3rd respondent college, are entitled to registration as medical practitioners under the Indian Medical Council Act without undergoing screening test, which was introduced by Section 13(4-A) of the Indian Medical Council Act and the regulations issued thereunder. It is submitted that the issues involved in these Writ petitions are covered by the judgment of the Supreme Court in Yash Ahuja and Others Vs. Medical Council of India and Others [(2009)10 Supreme Court W.P(C).Nos.4837 & 22064 of 2008 3 Cases 313]. In Yash Ahuja's case, the Supreme Court held that the screening test as provided in Section13(4-A) of the Indian Medical Council Act is legal and proper and that the students who obtained M.B.B.S qualification from a University outside India should undergo the screening test. In view of the judgment of the Supreme Court, the reliefs prayed for in these Writ Petitions cannot be granted. Writ Petitions are accordingly dismissed. K.T. SANKARAN, JUDGE scm