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. 27607 of 2009(U) -------------------------- PETITIONER(S): --------------- DR.SHIHAS.P.M,AGED 31 YEARS, S/O.P.A.MOHAMMED ISMAIL,PANAMTHUNDIL HOUSE, KANNANALLOOR.P.O,KOLLAM DISTRICT. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN SRI.K.M.HASHIR RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,ATHIRAMPUZHA,KOTTAYAM DISTRICT REPRESENTED BY REGISTRAR. 2. THE EMBASSY OF INDIA,BELARUS,MINSK, BELARUS,REPRESENTED BY CONSUL GENERAL OF INDIA IN BELARUS. 3. UNION OF INDIA,MINISTRY OF FOREIGN AFFAIRS,NEW DELHI.REPRESENTED BY SECRETARY. 4. MEDICAL COUNCIL OF INDIA,AIWAN-E-GALIB MARG,KOTLA ROAD, NEW DELHI-110 002.REPRESENTED BY REGISTRAR. ADV. SRI.ALEXANDER THOMAS, SC, MCI FOR R4 SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R2, R3 SRI. T. A SHAJI [S.C.] FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.27607 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the Course & Conduct certificate issued by the Principal, Medical Collage, Kottayam. Ext.P2: The true copy of the Permanent Registration Certificate issued to the petitioner by the Medical Council of India. Ext.P3: The true copy of the Registration Certificate issued to the petitioner by the Travancore-Cochin Medical Council. Ext.P4: The true copy of the eligibility certificate issued by University of Kerala to the petitioner. Ext.P5: The true copy of the order issued by the 1st respondent to the petitioner. Ext.P6: The true copy of the certificate issued by the Embassy of India, Belarus to the petitioner. Ext.P7: True copy of the memo issued by the 1st respondent to the petitioner. Ext.P8: True copy of the e-mail communicated by the 2nd respondent to the petitioner. Ext.P9: The true copy of the Graduation certificate of the petitioner issued by the University of Belarus. Ext.P10: The true copy of the certificate of internship issued by the Administrator, Holy Cross Hospital, Kottiyam, Kollam District. Ext.P11: True copy of the result of screening test conducted by the National Board of Examination, (Ministry of Health and Family Welfare, Govt. of India),New Delhi. Ext.P12: The true copy of the prospectus of the entrance of the Medical Postgraduate Degree, 2007. Ext.P13: True copy of the admit card of the petitioner. RESPONDENTS' EXHIBITS: Ext.R4 (A): Internet copy of IMR showing Registration No.25444 issued by MCI to the petitioner. T.R.RAMACHANDRAN NAIR, J. --------------------------------------------- W.P.(C) NO. 27607 OF 2009 --------------------------------------------- Dated this the 12th day of January, 2010 JUDGMENT The petitioner herein is a 2nd year student for M.D., Anatomy at Government Medical College, Kottayam. The Writ Petition is filed mainly for a direction to the University to issue Eligibility certificate to the petitioner and for a direction to issue Equivalency Certificate also, for his M.D. Physician course undergone in a foreign university. 2. A counter affidavit has been filed on behalf of the 4th respondent. Paragraphs 16 and 17 of the counter affidavit read as hereunder:- 16. It is respectfully submitted that the medical qualification obtained by the petitioner as M.D. “Physician” awarded by Medical University/ Institute of erstwhile USSR is not recognized qualification; however after qualifying the screening test, such foreign medical qualification of the petitioner shall be deemed to be recognized medical qualification for the purposes of the IMC Act, 1956. Therefore, the M.D. (Physician) qualification awarded by Medical University of erstwhile USSR to the petitioner is equivalent to MBBS qualification of Indian Universities. W.P.(C) NO.27607 of 2009 2 17. It is respectfully submitted that the petitioner is not required to submit any equivalency certificate for continuation of his Postgraduate Course-M.D. Anatomy in Govt. Medical College Kotiyam as required by respondent No.1- University in order to validate his admission to the said course as the qualification of M.D (physician) obtained by the candidate from Belarusian State Medical University, Minsk stands recognized in terms of the statutory provisions of the screening Test Regulations, 2002. 3. The learned standing counsel for the 4th respondent submitted that the fact that the petitioner has qualified the screening test, will allay the apprehension of the petitioner and averments in paragraphs 16 & 17 in the counter affidavit will satisfy the grievances raised by him also. Therefore, in the light of the said stand taken by the Medical Council of India, the admission of the petitioner to M.D. Anatomy is treated as valid and the petitioner will be admitted for the examination also. Accordingly, the Writ Petition is disposed of. (T.R.RAMACHANDRAN NAIR, JUDGE) spc W.P.(C) NO.27607 of 2009 3