IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 14117 of 2008(E) ---------------------------------------- PETITIONERS: ---------------------- 1. DR.AMSAR AHAMAD, S/O. A.M. ASHRAF, FIRDOUS, VELLAKINAR JN. STADIUM WARD, ALLEPPEY. 2. DR. PRITHEESH RAJAN, S/O. R.SINNA RAJAN, TRINITY HOME, PALLURUTHY SOUTH , KONAM, KOCHI, PIN 682 006. 3. DR.KIRAN.T. E 34 ARCHANA NAGAR PONGUMOODU, MEDICAL COLLEGE P.O.T.V.M. 4. DR.MANU MATHEW, S/O. KOSHY P. MATHEW, NANDANAM. H.NO.7 BRIDGE LANE, ULLOOR, MEDICAL COLLEGE P.O.TVM-11. 5. DR. ADARSH.D., S/O. G. DHARMARAJAN, NISANTHAM KALLAMPALAM PO, KALLAMPALAM, TVM. 6. MOHAMMED UMAIR HUSAIN KOYA, MARWA HOUSE, ELATHUR P.O. CALICUT. 7. DR. GEOMY C, CHAKKALAKKUDY, S/O. GEORGE CHAKKALAKKUDY, CHAKKALAKKUDIYIL HOUSE, P&TQUARTERS ROAD, P.O. POOTHOLE, THRISSUR-4. 8. DR.ASHISH ANAND, S/O. RAMANAD SHAW, ANANDAM, KURICHY.P.O., KOTTAYAM DT. 9. DR. SUJITH CHANDRAN, S/O. K.RAMACHANDRAN PILLAI, KOODIYATTU HOUSE, PADA-NORTH, KARUNAGAPPALLY, KOLLAM. Kss ..2/- ...2... WPC.NO.14117/2008 E 10. DR.RAJUL-KOYADEEN.T. S/O. KOYADEEN, EDAKKAT HOUSE, P.O.G.A. COLLEGE, KOZHIKODE, KERALA. 11. DR.AJAMAL SHERIF.P. S/O. P. ABDUL MAJEED, PERIKANCHIRA HOUSE, CHULLIYIDE ROAD, CIVIL STATION, CALICUT. 12. DR. THAFSEEN.KP. GEETHEES, CHIRAKKARA P.O., THALASSERY, KANNUR - 670104. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------------- 1. UNION OF INDIA REPRESENTED BY SECRETARY (HEALTH) MINISTRY OF HEALTH AND FAMILY WELFARE, MOULANA AZAD ROAD,NIRMA BHAVAN, NEW DELHI 110 011. 2. MEDICAL COUNCIL OF INDIA SECTOR-8, POCKE M 4, DWARKA-1, NEW DELHI-110 075 REPRESENTED BY ITS SECRETARY. 3. ALL INDIA INSTITUTE OF MEDICAL SCIENCE, ANSARINAGAR, NEW DELHI-110029, REPRESENTED BY ITS SECRETARY. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. COCHIN UNIVERSITY FOR SCIENCE AND TECHNOLOGY, COCHIN-32 REPRESENTED BY ITS REGISTRAR. 6. TRAVANCORE-COCHIN MEDICAL COUNCILS (COUNCILS OF MODERN MEDICINE) THIRUVANANTHAPURAM REPRESENTED BY ITS REGISTRAR Kss ..3/- ..3.... WPC.NO.14117/2008 E 7. DIRECTOR, CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION, THIRUVANANTHAPURAM 8. PRINCIPAL, CO-OPERATIVE MEDICAL COLLEGE, COCHIN. ADV.SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 SRI.ALEXANDER THOMAS, SC, MCI FOR R2 SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI UTY FOR R5 SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R6 SRI.MILLU DANDAPANI FOR R7 BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14117/2008 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE RELEVANT PAGE OF THE PROSPECTUS DTD. NIL. EXT.P2; COPY OF THE APPLICATION OF THE 2ND PET. DTD. 17/03/2008. EXT.P3: COPY OF THE ORDER OF THE 3RD RESPONDENT (1ST PETITIONER) DTD. 16/04/2008. EXT.P3(A): COPY OF ...DO..... (THROUGH WEBSITE) (2ND PET.) DTD. NIL. EXT.P3(B): COPY OF ...DO..DO... (3RD PETITIONER) DTD. 16/04/2008. EXT.P3(C): COPY OF ...DO..DO.... (4TH PETITIONER) DTD. 16/04/2008. EXT.P3(D): COPY OF ...DO... (THROUGH WEBSITE) (5TH PET.) DTD. NIL. EXT.P3(E): COPY OF ...DO... (THROUGH WEBSITE) (6TH PET.) DTD. NIL. EXT.P3(F): COPY OF ..DO..DO.... (7TH PETITIONER) DTD. 16/04/2008. EXT.P3(G): COPY OF ...DO.... (THROUGH WEBSITE) (8TH PET.) DTD.NIL. EXT.P3(H): COPY OF ..DO..DO... (9TH PETITIONER) DTD. NIL. EXT.P3(I): COPY OF ..DO...DO... (10TH PETITIONER) DTD. NIL. EXT.P3(J): COPY OF ...DO...DO.... (11TH PETITIONER) DTD. 16/04/2008. EXT.P3(K); COPY OF ..DO..DO... (12TH PETITIONER) DTD. 16/04/2008. EXT.P4: COPY OF THE RELEVANT PAGE OF THE WEBSITE OF MEDICAL COUNCIL OF INDIA DTD. NIL. EXT.P5: COPY OF THE ..DO....DO... DTD. NIL. EXT.P6: COPY OF THE ...DO..DO.... DTD. NIL. EXT.P7: COPY OF THE PROVISIONAL REGISTRATION CERTIFICATE DTD. 14/12/2005. EXT.P8: COPY OF THE INTERIM ORDER IN WP(C) NO.33027 OF 2006 DTD. 05/01/2007. EXT.P9: COPY OF THE RANK CERTIFICATE DTD. 15/02/2007. EXT.P10: COPY OF THE LETTER OF THE MEDICAL COUNCIL DTD. 08/01/2008. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 14117 OF 2008 E = = = = = = = = = = = = = = = = = Dated this the 18th day of July 2008 J U D G M E N T In this writ petition, an interim order dated 6.5.2008 was passed by this Court directing that the petitioners be permitted to participate in the Post Graduate/Post Doctoral Entrance Examination, which was scheduled to be held on 11.5.2008 and accordingly they have appeared in the said examination. This writ petition was necessitated and the aforesaid order was passed as the petitioners were not allowed to participate in the examination on account of the fact that the Co-operative Medical College, Kochi, where the petitioners have studies, did not have a permanent registration granted by the Medical Council of India at that point of time. Subsequently, the college has been granted permanent registration by the 2nd respondent. In view of this, all that now survives for consideration is the prayer made by the petitioners for directing the 6th respondent to grant permanent registration to W.P.(C) No. 14117 OF 2008 -2- them. Now that the Co-operative Medical College, Kochi, has obtained permanent registration from the 2nd respondent, and if the same has been notified, absence of permanent registration can no longer be a reason for denying the prayer sought for by the petitioners. 2. Writ petition is therefore disposed of directing that the case of the petitioners for permanent registration will be considered by the 6th respondent, without any delay in the matter. ANTONY DOMINIC JUDGE jan/-