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. 9533 of 2009(J) ---------------------------------- PETITIONERS: ------------------------ 1. AJI MATHEW JOSEPH, C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 2. ARUN THOMAS, C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 3. DILEEP.M., C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 4. LAKSHMI NARENDRAN, C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 5. NISHITHA.N.K., C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 6. PERCY MATHEW JOSEPH, C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 7. ROSHNI.K., C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 8. SAM SUBY SIMON, C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 9. SHIRLY.K.L., C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 10. TINKU JOSEPH, C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. WP(C).No. 9533 of 2009(J) 11. TINTU VARGHESE, C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 12. MITHUN.K., C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 13. SATHYAJAN.T.P., C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 14. ARUN.P.V., C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 15. CHERYL BENNY.K., C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 16. CHRISTEENA GEORGE., C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 17. LINY JOSE ALIAS., C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 18. NOSHIN N.ABDU, C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 19. VINU.E., C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. 20. RIJESH.R., C/O.AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR-680555. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM SRI.JIJI THOMAS RESPONDENTS: ------------------------ 1. TRAVANCORE COCHIN MEDICAL COUNCIL, REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD, TRIVANDRUM. 2. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET - 14 - SECTOR 8, DWARAKA, NEW DELHI. WP(C).No. 9533 of 2009(J) 3. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI. 4. THE PRINCIPAL, AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., TRICHUR. ADV. SRI. TPM IBRAHIMKHAN, ASG SRI.ALEXANDER THOMAS, SC, MCI FOR R2 SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R1 SRI.THOMAS GEORGE FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010 ALONG WITH WPC NO.35746 OF 2008 AND CONNECTED CASES , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9533 of 2009(J) APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1: COPY OF PROVISIONAL CERTIFICATE FOR M.B.B.S DEGREE EXAMINATION OF 2ND PETITIONER. EXHIBIT P2: COPY OF COMMUNICATION DATED 8/8/2003 ISSUED FROM THE 3RD RESPONDENT. EXHIBIT P3: COPY OF COMMUNICATION DATED 10/6/2008 OF -DO- EXHIBIT P4: COPY OF ORDER DATED 12/1/2009 IN WPC NO. 373/2009 OF THIS HON'BLE COURT. EXHIBIT P5: COPY OF REQUEST DATED 23/3/2009 ISSUED FROM THE 4TH RESPONDENT. /TRUE COPY/ P.A. TO JUDGE scm K.T. SANKARAN, J. --------------------------- W.P(C).Nos.13033, 35746 & 38307 of 2008 & 9533 of 2009 ------------------------------------- Dated this the 16th day of June, 2010 J U D G M E N T The petitioner in W.P(C) No.35746 of 2008 is Malankara Orthodox Syrian Church Medical College, whereas W.P(C) No.13033 of 2008 is filed by the students who passed out from Malankara Orthodox Syrian Church Medical College after completion of M.B.B.S Course. W.P(C) No.9533 of 2009 is filed by the students of Amala Institute of Medical sciences, Thrissur who had completed M.B.B.S Course. W.P(C)No.38307 of 2008 is filed by Dr. Somervel Memorial C.S.I Medical college. 2. In all these cases, the question involved is whether the recognition of the course run by the respective colleges by the Medical Council of India and the Government of India is necessary under the provisions of the Indian Medical Council Act for the purpose of allowing the students who studied there for M.B.B.S course for undergoing internship after getting provisional registration. It is submitted that interim orders were granted in the Writ Petitions directing the Travancore Cochin Medical Council W.P(C).Nos.13033 of 2008 and connected cases 2 to issue provisional registration to the students for undergoing internship. It is submitted that during the pendency of the Writ Petitions, the Government of India have issued notifications based on the recommendation of the Medical Council of India, for including the colleges involved in these Writ Petitions in the first schedule of the Indian Medical Council Act. When similar Writ Petitions came up for hearing, another learned single judge in the judgment dated 23/12/2009 in W.P(C) No.373 of 2009 and connected cases held that in view of the subsequent developments, the question of law raised would only be of academic interest. Those Writ Petitions were closed leaving open all the contentions raised by the parties. It was also directed that internship undergone by the students will be regularised in terms of the directions of the Medical Council of India and Government of India. 3. The questions involved in these Writ Petitions are similar to those involved in W.P(C) No.373 of 2009 and connected cases. Accordingly, it is submitted that similar directions as issued in the judgment dated 23/12/2009 may be W.P(C).Nos.13033 of 2008 and connected cases 3 issued in these cases as well. Accordingly, these Writ Petitions are disposed of in the same manner in which the connected cases were disposed of. In view of the subsequent developments, it is not necessary to decide the question of law raised by the parties in these Writ Petitions. All the contentions of the parties are left open. There will be a direction to the Travancore Cochin Medical Council to regularise the internship undergone by the respective petitioners (the students) in respect of whom interim orders were passed. K.T. SANKARAN, JUDGE scm