Partly allowed

Aravindh S.Anand v. the Medical Council of India

Kerala HC10 Nov 2016WP(C)/12900/2016

Case brief

AI extract

What is this about?

Petitioners sought renaming of their degree MD Radio Therapy to MD Clinical Oncology following MCI recommendations. The Court ordered MCI to take a decision on the nomenclature change within five months and directed the University to update regulations upon the MCI decision.

What did the court decide?

Petitioners will get relief to change nomenclature of their degree to MD Clinical Oncology by ordering MCI to make a decision within five months and University to update regulations thereafter.

Aravindh S.Anand Vs the Medical Council of India — Education and Admissions | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

THURSDAY, THE 10TH DAY OF NOVEMBER 2016/19TH KARTHIKA, 1938

¶5

WP(C).No. 12900 of 2016 (J)

¶6

PETITIONER(S):

¶7

1. DR.ARAVINDH S.ANAND, AGED 42 YEARS, S/O.N.SIVANADAN, ASSOCIATE PROFESSOR IN RADIOTHERAPY, GOVT. MEDICAL COLLEGE, THIRUVANANTHAPURAM, RESIDING AT KAUSTHUBHAM, KMLRA 132, KUMARAPURAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM.

¶8

2. DR. SABARINATH P.S., AGED 29 YEARS, S/O.SREEDHARAN.P.S,

¶9

SENIOR RESIDENT IN RADIOTHERAPY GOVT. MEDICAL COLLEGE, TRIVANDRUM, RESISIDNG AT SABARI, PERUNNA P.O, CHANGANACHERRY, KOTTAYAM.

¶10

BY ADVS.SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN

¶11

RESPONDENT(S):

¶12

1. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETAY, 14 SECTION 8, DWARAKA, NEW DELH -1100777.

¶13

2. THE KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, THRISSUR, KERALA- 680 596

¶14

3. THE JOINT DIRECTOR,

¶15

ACADEMICS, MEDICAL EDUCATION, THIRUVANANTHAPURAM -695 011

¶16

4. THE DEAN, FACULTY MODERN MEDICINE,

¶17

UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, PIN- 695 001

¶18

R1 BY ADV. SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA R2 BY ADV. SRI.P.SREEKUMAR,SC,KERALA UTY.

¶19

R3 BY GOVERNMENT PLEADER SMT.M.M.JASMIN R4 BY ADV. SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI.PAUL JACOB, SC, UNIVERSITY OF KERALA

¶20

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

sts

¶22

WP(C).No. 12900 of 2016 (J)

¶23

APPENDIX

¶24

PETITIONER(S)' EXHIBITS

¶25

P1 TRUE COPY OF THE CERTIFICATE OF POST GRADUATE DEGREE OF FIRST PETITIONER

¶26

P1(A) TRUE COPY OF THE CERTIFICATE OF POST GRADUATE DEGREE OF SECOND PETITIONER.

¶27

P2 TRUE COPY OF THE SYLLABUS OF THE PETITIONERS MD DEGREE P3 TRUE COPY OF THE CURRICULUM FOR MD RADIOTHERAPY P4 TRUE COPY OF THE MODEL QUESTION PAPER OF THE PETITIONERS POST GRADUATION

¶28

P5 TRUE COPY OF THE PRINTOUT OF THE DOWNLOAD FROM WIKIPEDIA P6 TRUE COPY OF THE NOTIFICATION DATED 27.06.2014 OF THE GOVT. OF INDIA ATOMIC ENERGY REGULATORY BOARD RADIOLOGICAL SAFETY DIVISION

¶29

P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE PAPER PUBLISHED BY THE ROYAL COLLEGE OF RADIOLOGIST (UK) ON CLINICAL ONCOLOGY

¶30

P8 TRUE COPY OF THE PROSPECTUS OF MD IN CLINICAL ONCOLOGY ISSUED BY THE POST GRADUATE INSTITUTE OF MEDICINE, UNIVERSITY OF COLOMBO SRI LANKA

¶31

P9 TRUE COPY OF THE RECOMMENDATION OF THE SPECIALITY BOARD OF MEDICAL COUNCIL OF INDIA

¶32

P10 TRUE COPY OF THE RESOLUTION OF THE BOARD OF THE MEDICAL COUNCIL

¶33

P11 TRUE COPY OF THE PG REGULATIONS UPDATED UP TO DATE ISSUED BY THE FIRST RESPONDENT

¶34

P12 TRUE COPY OF THE DECISION OF THE FIRST RESPONDENT TAKEN ON 29-12-2008

¶35

P13 TRUE COPY OF THE DECISION BY POST GRADUATE MEDICAL COMMITTEE OF MCI TAKEN ON 28.10.1998

¶36

RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.S.TO JUDGE

sts

A.M. SHAFFIQUE, J.

¶42

=============== W.P. (C) No. 12900 of 2016

¶43

==================

¶44

Dated this, the 10^th day of November, 2016

¶45

J U D G M E N T

¶46

Petitioners have approached this Court inter alia seeking the

¶47

following reliefs:-

¶48

“i. Issue a writ of mandamus or other appropriate writ order or direction commanding the 2^nd and 3^rd respondent to alter the nomenclature of the petitioners' degree as MD Clinical Oncology and make necessary correction in Ext.P1 and P1A.

¶49

ii. Issue a writ of mandamus or other appropriate writ order or direction that the degree MD Radiotherapy awarded by the Kerala University and the Kerala University of Health Sciences be renamed as MD Clinical Oncology retrospectively w.e.f. the inception of the course of MD Radiotherapy.

¶50

iii. Issue a writ of mandamus or other appropriate writ order or direction to change the name of the petitioners' degree as MD Clinical Oncology.”

¶51

The grievance ventilated by the petitioners is that the

¶52

degree obtained by them is having the nomenclature as MD (Radio Therapy), whereas, as per the syllabus for the said Post Graduate

¶53

W.P(C) No.12900/16

¶54

-:2:-

¶55

Course, it basically involves study of Oncology and Chemotherapy. The nomenclature presently given by the Medical Council of India (MCI) and the University is causing substantial confusion especially in regard to the employment opportunities of the petitioners, their research, further study etc,. Having regard to the such inconvenience being faced by the petitioners and like persons, the matter had been taken up before various authorities including MCI. Petitioners submit that MCI in their meetings have suggested change of the nomenclature. Reference is made to Ext.P9, minutes of the meeting of MCI held on 6/11/2009 wherein this issue was taken for consideration and it was recommended by the respective Board that the name of the course MD (Radio Therapy) may be replaced by MD (Clinical Oncology) to keep in tune with the international nomenclature. It is submitted that a further meeting was held on 15/4/2010 and Ext.P10 is the minutes. Item No.4 of para 74 relates to change of nomenclature of Post Graduate and Diploma Course from MD (Radio Therapy) to MD (Radio-Therapy and Oncology) and it is observed that the members of the Academic Sub-Committee of the Post Graduate

¶56

W.P(C) No.12900/16

¶57

-:3:-

¶58

Committee discussed the matter and decided to endorse the decision of the Board of Speciality of Radiotherapy constituted by the Medical Council of India to MD (Clinical Oncology).

¶59

Learned counsel for the petitioners submit that despite such decision being taken by the MCI, so far, no action had been taken to change the nomenclature, which is causing substantial inconvenience and difficulty to the petitioners as well as similarly placed persons.

¶60

Having regard to the fact that MCI had already resolved to change the nomenclature and necessary recommendation had been obtained from the competent committees constituted by MCI, it would be appropriate that an early decision is taken in the matter and accordingly, I am of the view that this writ petition can be disposed of as under:-

¶61

(i) MCI shall take a decision in regard to the change of nomenclature of MD (Radio Therapy) to MD (Clinical Oncology) as recommended in Exts.P9 and P10, as early as possible and not later than five months from the date of receipt of a copy of this judgment.

¶62

W.P(C) No.12900/16

¶63

-:4:-

¶64

(ii) Once such a declaration has been made by the MCI, corresponding changes shall be effected by the 2^nd respondent in the respective Regulations, as expeditiously as possible.

¶65

Sd/-

¶66

A.M. SHAFFIQUE, JUDGE

¶67

Rp11/11/2016

¶68

//True Copy//

¶69

P.S to Judge

Aravindh S.Anand v. the Medical Council of India

Case brief

What is this about?

What did the court decide?

Aravindh S.Anand v. the Medical Council of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Ali Vs the Secretary

M.P.Hashim Vs University of Calicut

K.v.Syed Mohammed Vs State of Kerala

Vishnu Prabhakar V.S Vs Mahatma Gandhi University

Sri.Kuriakose Sabu Vs the Commissioner of Income Tax (Appeals)

Abdul Rasheed P Vs State of Kerala