IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 31277 of 2009(D) ------------------------------------- PETITIONER(S): ---------------------- 1. QUALIFIED PRIVATE MEDICAL PRACTITIONER'S & HOSPITALS ASSOCIATION (OPMPA),KERALA, REG.OFFICE 5TH FLOOR,VALLAMATTOM ESTATE, RAVIPURAM,M.G.ROAD,KOCHI-682 015,REPRESENTED BY ITS PRESIDENT DR.JOSEPH STEPHEN CHAZHIKATTU, S/O.C.K.STEPHEN,AGED 65. 2. DR.O.BABY,S/O.LATE M.KOCHUMMEN,AGED 65, ANESTHESIOLOGIST,SAN JOE HOSPITAL,PERUMBAVOOR, RESIDING AT CHEMPAKASSERIL,2D,UNITY TOWERS, VEDIPPURA LANE,COLLECTORATE P.O.,KOTTAYAM-686 002. BY ADVS.MR.S.SREEKUMAR MR.P.MARTIN JOSE MR.P.PRIJITH MR.S.VAIDYANATHAN RESPONDENT(S): ------------------------- 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, HEALTH DEPARTMENT,NEW DELHI. 2. THE MEDICAL COUNCIL OF INDIA, POCKET-14,SECTOR-8,DWARAKA, NEW DELHI-110 077. 3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY (HEALTH AND FAMILY WELFARE DEPARTMENT) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE REGISTRAR, TRAVANCORE-COCHIN COUNCIL FOR MODERN MEDICINE, RED CROSS ROAD,THIRUVANANTHAPURAM-695 035. R1 BY ADV.MR.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR R2 BY ADV. MR.ALEXANDERR THOMAS, SC, MCI. R3 BY GOVT. PLEADER MR.K.RAMESH R4 BY ADV. MR.RAGHURAJ, SC, TCMC & KNMC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2010, ALONG WITH WPC. NOS.34884 OF 2009 & 31654 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31277/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE OF REGISTRATION OF 2ND PETITIONER ISSUED BY 4TH RESPONDENT. P2:- COPY OF THE LETTER DTD. 17.11.1997 ISSUED BY 2ND RESPONDENT ADDRESSED TO ALL STATE GOVERNMENT TO AMEND THE STATE MEDICAL COUNCIL ACTS. P3:- COPY OF THE CIRCULAR ISSUED BY 4TH RESPONDENT DIRECTING ALL REGISTERED MODERN MEDICINE DOCTORS TO ATTEND 3D HOURS OF CME PROGRAMME FOR RENEWAL OF REGISTRATION. P4:- COPY OF THE LETTER DTD. 24.8.09 ISSUED BY THE 2ND RESPONDENT. P5:- COPY OF THE LETTER DTD. 7.10.09 ISSUED BY THE IST PETITIONER TO THE 4TH RESPONDENT ALONG WITH EXT.P4. P6:- COPY OF THE LETTER DTD. 14.10.2009 ISSUED BY IST PETITIONER TO the 2ND RESPONDENT. P7:- COPY OF THE CONSENT OF 4TH RESPONDENT TO CONDUCT C.M.E. PROGRAMME AND THE DETAILS OF THE PROGRAMME. P8:- COPY OF THE APPLICATION FOR RENEWAL OF REGISTRATION AND A PROFORMA ISSUED BY 4TH RESPONDENT. P9:- COPY OF THE ORDER DTD. 27.4.07 ISSUED BY HONOURABLE SUPREME COURT OF INDIA. RESPONDENT'S EXHIBITS R4(A):- COPY OF THE LETTER BEARING NO. MCI-311(14)/97-CME/70678 DTD. 09.11.1998. R4(B):- COPY OF THE AGREEMENT DTD. 19.9.09. R4(c):- COPY OF THE FORMAT OF THE CERTIFICATE ISSUED BY CDIPT. R4(d):- COPY OF THE RESOLUTION DTD. 10.11.09. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.31277/2009-D, 31654/2009-B 34884/2009-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2010. JUDGMENT These writ petitions raise a common issue and therefore they are disposed of by a common judgment. The petitioners in the three writ petitions are medical practitioners except the first petitioner in W.P.(C) No.31277/2009. The first petitioner in the said writ petition is an association of qualified private medical practitioners. These medical practitioners have acquired the qualifications from recognised institutions in India. They are registered with the Travancore Cochin Medical Council and have also entered their names in the Indian Medical Register. 2. The challenge in the writ petitions is against the circular issued by the Travancore Cochin Medical Council for renewal of registration every five years. Various grounds have been raised in the writ petitions in support of the challenge. The contention raised mainly is that there is no power vested in the State Council to issue any direction to any Medical practitioner to renew his registration in the State. 3. In W.P.(C) No.31277/2009 the 4th respondent Registrar of the wpc 31277, 31654 & 34884/09 2 Travancore Cochin Medical Council has filed a counter affidavit. Learned counsel appearing for the parties submitted that the writ petitions can be disposed of in the light of the averments contained in the said counter affidavit. Ext.R4(d) produced therein is the copy of the minutes of the meeting of the Council of Modern Medicine held on 10.11.2009. Regarding the renewal of registration, they have taken the following decision: “The council discussed in detail the notes regarding renewal of registration and resolved to approve the same with the modification that since the whereabouts of the practitioners are not available with the Council it has became difficult for the Council to take disciplinary action against violations of medical ethics. After detailed discussion the Council resolved that in the absence of statutory provisions for periodic renewal of Registration every five years with the pre-condition of compulsory attendance of CME, notice issued for renewal may be deferred and a fresh notice may be issued calling for details from the practitioners to issue of registration certificate with the same registration number and date of registration, with photograph and security features, replacing the old certificate and thereby update the registers, after bringing the above aspect to the notice of the Hon'ble High Court.” 4. It is averred in para 10 of the counter affidavit that considering the wpc 31277, 31654 & 34884/09 3 absence of any statutory provisions to insist for periodical renewal of registration, the Council for Modern Medicine has decided not to insist for periodical renewal of registration and mandatory attendance of CME programmes as a pre condition for such renewal. Therefore, it is evident that the Council is of the view that in the absence of statutory provisions providing for periodical renewal of registration every five years, the notices now issued cannot be sustained. 5. Learned Standing Counsel for the 4th respondent submitted that the Council intends to issue fresh registration certificate and to update the registers. For this purpose, they will be issuing public notice and the petitioners and other medical practitioners will have to respond to the same. 6. In the light of the above, the writ petitions are disposed of recording the decision taken in Ext.R4(d) that periodic renewal of registration every five years is not being insisted as notified. The Travancore Cochin Medical Council will take appropriate action to implement Ext.R4(d) decision to issue registration certificate with the same registration number and date of registration with photograph and security features, replacing the old certificate so as to update the registers. wpc 31277, 31654 & 34884/09 4 Regarding the same, appropriate notices will be issued for information of all the parties. No costs. (T.R. Ramachandran Nair, Judge.) kav/