IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 21304 of 2008(J) ------------------------------------ PETITIONER(S): --------------------- 1. ANEESH.P.CHEMBRATTU HOUSE MANAQSSERY PO., MUKKAM-673602. 2. ANU ANTONY, MALIYAKKAL KATTADY HOUSE PULLAZHY PO., THRISSUR. 3. CHITRA PRASAD, PANNIKKOTTU HOUSE VALAVOOR PO., MARANGATTUPALLY, KOTTAYAM 4. DONA VARGHESE, PYNADATH HOUSE, MANJAPRA PO., ANGAMALY, ERNAKULAM. 5. JEENA MATHAI, KADELAN HOUSE KARIPPAPADAM, ANGAMALY PO., ERNAKULAM. 6. MANJU KORATH, PUTHEEKAL HOUSE KOTHAMAN- GALAM PO., ERNAKULAM 7. PYARY JOY, KOORANVATTATHARA HOUSE MATTUMMAL ROAD, PERUMPADANNA, PARAVOOR 8. SATHYA BHAMA.C.V., RAJ BHAVAN HOUSE NELLIKALIDOM, PALAKKAD 9. SOUMYA MOHAN, DEARAKA HOUSE MANJUMMEL.PO., UDYOGAMANDEL ERNAKULAM 10. VINEETHA MERIN VARGHESE KOCHU PARAMBIL HOUSE KOLLAD PO., KOTTAYAM 11. BINI BALAKRISHNAN, VADAKKEPUTHIYEDATH, CHUNDANGAPOIL PO., THALASSERY, KANNUR 12. CEEMA VARGHESE, PULLAN HOUSE GANDHI NAGAR, MUVATTUPUZHA, ERNAKULAM WPC NO.21304/08 -2- 13. NITHI VARGHESE, PALAKKAPALLY HOUSE, MANIMALA ROAD, EDAPPALLY PO., ERNAKULAM. 14. SHEEBA VARGHESE, PLAKKAL HOUSE, VENOOR, MELADOOR P.O, MALA 680741. 15. VIDYA A.B., ARIKKATTE HOUSE, CHAZHIKADE, MATTATHUR P.O, PIN 680 692. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO DEPARTMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. M.G.UNIVERSITY, REPRESENTED BY THE REGISTRAR, KOTTAYAM. 4. THE VICE CHANCELLOR, M.G.UNIVERSITY, KOTTAYAM. 5. THE LITTLE FLOWER INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTER, ANGAMALY, ERNAKULAM DT, REPRESENTED BY ITS DIRECTOR. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R3-4 SRI.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE FOR R5 SRI.TONY GEORGE KANNANTHANAM FOR R5 GOVT.PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON 06/02/2009 DELIVERED THE FOLLOWING: WPC NO.21304/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER NO.U.O.NO.AC.A1/1/731/2004 DT 3.8.2006. EXT.P2: TRUE COPY OF THE ORDER NO.CA/38/02/DME DT 24.10.2002. EXT.P3: TRUE COPY OF THE G.O(RT) NO.3094/04/H&FWD DT 1.11.2004. EXT.P4: TRUE COPY OF THE G.O(RT) NO.800/2005/H&FWD DT 18.3.2005. EXT.P5: TRUE COPY OF THE ORDER NO.SF-III/1/2647/97 DT 2.3.1998. EXT.P6: TRUE COPY OF THE SCHEME AND SYLLABUS APPROVED BY THE 3RD RESPONDENT UNIVERSITY. EXT.P7: TRUE COPY OF THE NOTIFICATION NO.EAI/1/418/2007 DT 23.5.2007. EXT.P8: TRUE COPY OF THE ORDER NO.U.O.NO.744/AC AV/2007/ACAD DT 6.6.2007. EXT.P9: TRUE COPY OF THE NOTIFICATION NO.EAI/1/418/2007 DT 6.12.2007. EXT.P10: TRUE COPY OF THE COMMUNICATION NO.MCI-7(1)/2008- MED.MISC.(RTI)/11493 DT 19.5.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 21304 OF 2008 (J) ==================== Dated this the 6th day of February, 2009 J U D G M E N T Petitioners are students of M.Sc.Physiology (Medical) in the 5th respondent, the Little Flower Institute of Medical Science and Research Center, Angamaly, Ernakulam District. They are seeking to quash Ext.P8 and pray for a declaration that the courses having started with the approval of all concerned as a course under the Faculty of Medicine, it is not open for the respondents to convert the same as one under the Faculty of Science. 2. Briefly stated, the relevant facts are that Ext.P5 is an order issued by the respondent University on 2nd of March, 1998 considering the proposal made by the Hon. Director of the School of Medical Education to the Vice Chancellor of the University recommending inclusion of the courses conducted in the School of Medical Education under the Faculty of Medicine and to award degree from that Faculty. It is also stated that the Universities of Kerala and Calicut are awarding the degrees for similar subjects under the Faculty of Medicine. The relevant portion of which reads as: “After considering the proposal, Vice-Chancellor has ordered WPC 21304/08 :2 : on the basis of the UO No.P&D/2595/92 dated 20/10/92, to include the courses conducted in the School of Medical Education under Faculty of Medicine and to award degrees in this Faculty, subject to ratification by the Academic Council”. 3. A reading of Ext.P2 issued by the Director of Medical Education shows that the 5th respondent had requested for permission/issuance of no objection certificate for starting, among others, the post graduate course of M.Sc.Physiology (Medical). Considering the said application, the DME appointed experts to evaluate the scheme, syllabi and curricula of the PG course and to examine the infrastructure facilities and faculty of the institution for conducting the courses. It is stated that in pursuance to Ext.P2, experts inspected the infrastructure facilities and faculty of the institution and submitted their report with favourable recommendations. 4. Accordingly, Ext.P3 Government Order was issued on 1/11/2004. By this order, after examining the inspection report and recommendations of the Para Medical Council, the Government included M.Sc.Physiology in the list of Para Medical Courses and accorded permission to the 5th respondent to start the course. The order specifically states that the courses will be conducted in accordance with the self WPC 21304/08 :3 : financing scheme under School of Medical Education, M.G.University as per the syllabus prepared by the Para Medical Council, subject to the conditions mentioned therein. In Ext.P3, it was also specified that the 5th respondent should obtain the recommendation of the Medical Council of India and by Ext.P4 order dated 18th of March, 2005, the Government exempted the 5th respondent from the aforesaid condition. 5. Petitioner submits that as per Ext.P6, the Para Medical Council prescribed the syllabus for M.Sc.Physiology (Medical). It is stated that based on Exts. P3 and P6, the University issued Ext.P1 order dated 3/8/06 granting provisional affiliation to M.Sc.Physiology, subject to the conditions mentioned therein. Based on the affiliation so granted, the 5th respondent admitted students in the academic year 2006-07 and the petitioners are the students thus admitted by the 5th respondent. 6. Ext.P7 is the notification issued by the University regarding the 1st semester M.Sc.Physiology (Medical) examination. While the position stood as above, the University issued Ext.P8 order dated 6/6/07. The order states that Dr.Remani George, Chairperson of the Core Committee in M.Sc.Physiology after discussion with other members of the Committee WPC 21304/08 :4 : had written to the University suggesting to exclude the word “medical” from all the University orders issued in connection with M.Sc.Physiology. It is also stated that she had opined that three years training in Physiology under the Medical Faculty is required in order that a candidate be eligible to be awarded M.Sc.Physiology (Medical) degree. Considering the opinion of the Chair Person, the Vice Chancellor accorded sanction to delete the work 'medical' as shown in M.Sc.Physiology from all University Orders so far issued. Inspite of Ext.P8, the University issued Ext.P9 notification dated 6/12/2007, notifying the schedule of second semester M.Sc.Physiology (Medical) examinations and on that basis, examination was conducted. 7. Petitioners submit that as a result of Ext.P8, the course undergone by them came to be known as M.Sc.Physiology and that the same is much different from M.Sc.Physiology (Medical) to which they were admitted, taught and trained. They are referring to Ext.P10 dated 19/5/2008 issued by the Medical Council of India, in which the syllabus difference between M.Sc.Physiology and M.Sc.Physiology (Medical) is indicated as follows: WPC 21304/08 :5 : M.Sc.Physiology: The syllabus and the curriculum can be in any field such as Plant Physiology, Animal Physiology, General Physiology etc. M.Sc.Physiology(Medical): The syllabus and the curriculum and examination should be in human physiology and it should be taught by a qualified Medical Officer in that subject or by a person who is qualified to be a teacher after passing M.Sc.Physiology (Medical). The examination should be in M.Sc.Physiology (Medical) curriculum and the examiner should be a competent medical personal or a qualified examiner in M.Sc.Physiology (Medical). 8. It is stated that the deletion ordered by Ext.P8 affects their future prospects of getting employment. According to the petitioners, there was absolutely no justification to have ordered deletion of the word “medical” in so far as the course to which they were admitted. 9. The stand of the University on the other hand is one of indifference. Counsel for the University submitted that if the word medical is retained to the degree awarded to the petitioners, though it may be beneficial to them, still, they were justified in ordering to delete the word. University states that the inclusion of the word medical was really a mistake. According to the University, in all the Universities in the country, the duration of the course M.Sc.Physiology (Medical) is three years. According to them, it was therefore that Dr.Remani George, the WPC 21304/08 :6 : Chairperson of the Core Committee, recommended for restructuring the course with duration of three years and to delete the word “medical” for the course to which the petitioners are admitted. It is stated that the Core Committee discussed this matter on 15/9/2007 and made recommendations for restructuring the course and that the matter has been placed before the Academic Council of the University which has referred the issue to the Syndicate. 10. As already stated, what arises for consideration is the correctness of Ext.P8. From Ext.P10 communication issued by the Medical Council of India, the difference between the course content of M.Sc.Physiology and M.Sc.Physiology(Medical) can be seen. Ext.P6, the scheme and syllabus of M.Sc.Physiology(Medical) is prescribed by the Para Medical Council. A reading of Ext.P6 shows that all the subjects taught are relating to Human Physiology. Therefore, the course content fully answers the description of M.Sc.Physiology (Medical) as described by the Medical Council of India in Ext.P10. 11. On the other hand, if M.Sc.Physiology is the course, the syllabus and curriculum can be in other fields of Physiology such as Plant WPC 21304/08 :7 : Physiology, Animal Physiology, General Physiology etc., and not Human Physiology, which is taught by the 5th respondent. It is so stated in Ext.P10. Thus, it is obvious that the subjects that the petitioners are taught are of M.Sc.Physiology (Medical) and if Exts. P6 and P10 are perused, there cannot be any doubt in that respect. If the subjects taught are of M.Sc.Physiology(Medical), the duration of the course in other Universities, cannot be of any relevance in deciding the nomenclature of the course. 12. As already stated, the apprehension expressed by the petitioners is that if the word medical is deleted, the degree that they have is M.Sc.Physiology will be understood as that of Plant Physiology, Animal Physiology or General Physiology and that this will affect their job prospects even. The University does not dispute the correctness of this possibility, but is only justifying its action, relying on the report of the Chairperson of the Core Committee. 13. The petitioners have commenced the course in 2006-07. At the time when they commenced the course, the course was M.Sc.Physiology (Medical). It is accepting this nomenclature and the job WPC 21304/08 :8 : prospects that it offers, the petitioners have commenced the course. In my view, once the students have commenced as above, the University should not alter the nomenclature of the degree in a manner that will have adverse effect on the students undergoing the course. 14. That apart, even today, Ext.P3 Government Order that the courses will be conducted under the School of Medical Education of the University and Ext.P5 University order including the courses conducted in the School of Medical Education under the Faculty of Medicine and Ext.P6 the syllabus prescribed by the Para Medical Council, remains in force. Therefore, as far as the Government is concerned, the course comes under the School of Medical Education and as far as the University is concerned, the course comes under the Faculty of Medicine as per Ext.P5. So long as these two orders remain in force without any modification, the University could not have ordered deletion of the word “medical” as ordered in Ext.P8. 15. It may be true that for reasons appealing to itself, the University can alter the course content or the nomenclature of the course, but in a case where such change will have impact on the future of the WPC 21304/08 :9 : students, any such change should only be prospective. Therefore, in this case, the students who are admitted when the course was known as M.Sc.Physiology (Medical) should get the degree with that name itself. 16. Therefore, Ext.P8 to the extent it adversely affects petitioners who have commenced the course during academic year 2006-07 deserves to be set aside and I do so. It is directed that once the petitioners successfully complete the course, the University shall issue them certificates on the basis that the course undergone by them is M.Sc.Physiology(Medical). Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp