THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT APPEAL No.1871 OF 2002 Date:02.08.2011 Between: Dr.Anand Kumar Agarwal .. Petitioner And Nizam’s Institute of Medical Sciences, Represented by its Executive Registrar, Punjagutta, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT APPEAL No.1871 OF 2002 JUDGMENT: (Per Hon’ble Sri Justice V.V.S.Rao) After completing his MBBS course about a decade and a half ago, the petitioner obtained Diploma of Fellowship i.e., Fellow of Royal College of Physicians and Surgeons of Glasgow (FRCS) in July 1999. He was appointed as Senior Resident in Nizams Institute of Medical Sciences (NIMS). He sought admission in Master of Chirurgie (Cardio-Thoracis Surgery) (M.Ch (C.T. Surgery)) during 1999-2000. He stood first in the entrance test held on 02.01.2000, but was denied admission on the ground that he is ineligible to seek admission in M.Ch (C.T. Surgery) course with FRCS. Aggrieved by the same, the petitioner filed Writ Petition No.369 of 2000 inter alia seeking a direction to NIMS to treat FRCS as eligible Post Graduate qualification. By order dated 12.11.2002, the learned Single Judge dismissed the writ petition observing that FRCS was not recognized under the provisions of Indian Medical Council Act, 1956 (for brevity, the Act). The instant writ appeal is filed against the order of the learned Single Judge in W.P.No.369 of 2000. During pendency of the writ petition, by an order dated 23.02.2000 made in W.P.M.P.No.477 of 2000, this Court allowed the petitioner to undergo both theory and training classes. Five months thereafter on 09.07.2002, yet another order was passed in W.P.M.P.No.13945 of 2002 directing the NIMS to receive the thesis submitted by the petitioner for evaluation. Having regard to the interim orders passed by the learned Single Judges, during the pendency of the writ petition, the Division Bench, while admitting the writ appeal, permitted the petitioner to appear for the written and practical examinations held on 02.12.2002 observing that the results of the written and practical examinations shall not be declared without the permission of the Court. It is not in controversy that as of now the petitioner completed M.Ch (C.T. Surgery) in December 2002. The Senior Counsel for the appellant Sri B.Prakash Reddy submits that till 1978 on the principle of mutual recognition of courses, the FRCS of United Kingdom was treated as equivalent to Post Graduate Degree in India as per Section 12 of the Act. But the same was discontinued. However, the Ministry of Health and Family Welfare issued a notification dated 07.03.2008 under Section 13(4) of the Act recognizing all Post Graduate Medical qualifications awarded in United Kingdom recognized for Enrolment of Medical Practitioners in that country are equivalent to the Post Graduate Degrees awarded by the Universities in India. He would further submit that the petitioner has already completed the course and therefore there cannot be any objection for declaration of the result. There is no dispute that from 1978 till the issuance of notification dated 07.03.2008 FRCS was not recognized by Medical Council of India. There is also no dispute that the word ‘recognized’ was not specifically mentioned in the regulations while referring to the basic eligible qualifications for admission to M.Ch (C.T. Surgery) course. The notification dated 15.11.1975 is only read as MD/MS/MRCP/FRCS. The word ‘FRCS’ is not qualified by the word ‘recognized’. From this, an inference could be drawn that while issuing notification in accordance with M.Ch. (C.T. Surgery) Regulations, NIMS conferred eligibility for admission into M.Ch. course even on those candidates, who obtain Diploma of Fellowship. This further supports the notification issued on 07.03.2000 by the Government of India recognizing all Post Graduate courses as equivalent to Medical Post Graduate qualifications awarded in India. Furthermore, the certificate of registration of additional qualifications issued by the Andhra Pradesh Medical Council on 08.09.2010, which is produced before this Court, would show that FRCS Glasgow is also recognized as an additional course of Post Graduate qualification. It is well settled that in exercise of writ jurisdiction, the Court is not precluded from taking into consideration the subsequent events. The subsequent events noticed hereinabove must certainly vest in favour of the petitioner especially when he has completed the course eight years ago. Therefore, we deem it appropriate to dispose of the writ appeal directing the first respondent, namely, NIMS, Punjagutta, Hyderabad, to declare the result of the written and practical examinations held in December 2002 and also award the necessary degree certificate in M.Ch (C.T. Surgery) to the petitioner, if he is declared as qualified. This exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. The writ appeal is, accordingly, disposed of. There shall be no order as to costs. ________________ (V.V.S. RAO, J) ____________________ (K.G. SHANKAR, J) 02.08.2011 KH