Allowed

Dr.Lakshmi J.K. v. the Medical Council of India

Kerala HC10 Jul 2017WP(C)/17849/2017

Case brief

AI extract

What is this about?

Three doctors challenged their debarment from joining a DNB course because their diploma from a fourth respondent college was not yet listed in the First Schedule of the Indian Medical Council Act. The Court allowed the petition directing the National Board of Examinations to permit their admission, conditional on the Central Government's final decision on recognition. Provide thin

What did the court decide?

Directing the second respondent to permit the petitioners to join for the respective DNB courses, subject to the decision of the Central Government.

Dr.Lakshmi J.K. Vs the Medical Council of India — Education and Admissions | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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MONDAY, THE 10TH DAY OF JULY 2017/19TH ASHADHA, 1939

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WP(C).No. 17849 of 2017 (E)

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PETITIONER(S):

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1. DR.LAKSHMI J.K., AGED 31 YEARS, D/O. KUTTAPPAN PILLAI, RESIDING AT "CHANDRA", MARKET JUNCTION, ANCHAL P.O., KOLLAM DISTRICT, PIN-691306

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2. DR. DIVYA LOUIS, AGED 31 YEARS, D/O. JOHN PAUL LOUIS, RESIDING AT ELUVATHINGAL HOUSE, ANAKKAL (P.O.), KANJIRAPALLY, KOTTAYAM, DISTRICT PIN-686508

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3. DR. SUNITHA.P., AGED 32 YEARS, D/O. HARINDRAN.K., RESIDING AT "SREELAKAM", PALLIKUNNU P.O., KANNUR DISTRICT. PIN-670004

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BY ADVS.SRI.JAWAHAR JOSE SRI.V.VINAY MENON SMT.CISSY MATHEWS

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RESPONDENT(S):

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1. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKEL 14, SECTOR 8, DWARAKA, NEW DELHI, PIN-110077

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2. NATIONAL BOARD OF EXAMINATIONS, REPRESENTED BY ITS CHAIRMAN, MEDICAL ENCLAVE, ANSARI, RING ROAD, NEW DELHI PIN-110029

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SKG

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WP(C).No. 17849 of 2017 (E)

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3. THE KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE PO., THRISSUR DISTRICT PIN-680596

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4. THE PRINCIPAL, ACADEMY OF MEDICAL SCIENCES, PARIYARAM P.O., KANNUR DISTRICT PIN-670503 R1 BY SRI.TITUS MANI VETTOM, SC. R2 BY ADVS.SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA R3 BY SRI.P.SREEKUMAR,SC. BY SMT.BINDUMOL JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SKG

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WP(C).No. 17849 of 2017 (E)

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APPENDIX

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PETITIONER(S)' --------------	EXHIBITS ---------
EXHIBIT P1:	TRUE COPY OF THE PETITIONER	ADMIT CARD OF THE 1ST
EXHIBIT P2:	TRUE COPY OF THE PETITIONER	DNB MARK-CARD OF THE 1ST
EXHIBIT P3:	TRUE COPY OF THE THE 1ST PETITIONE	PROVISIONAL ALLOTMENT LETTER OF R ISSUED BY THE 1ST RESPONDENT
EXHIBIT P4:	TRUE COPY OF THE PETITIONER	ADMIT CARD OF THE 2ND
EXHIBIT P5:	TRUE COPY OF THE PETITIONER	DNB MARK-CARD OF THE 2ND
EXHIBIT P6:	TRUE COPY OF THE THE 2ND PETITIONE	PROVISIONAL ALLOTMENT LETTER OF R ISSUE DBY THE 2ND RESPONDENT
EXHIBIT P7:	TRUE COPY OF THE PETITIONER	ADMIT CARD OF THE 3RD
EXHIBIT P8:	TRUE COPY OF THE PETITIONER	DNB MARK-CARD OF THE 3RD
EXHIBIT P9:	TRUE COPY OF THE THE 3RD PETITIONE	PROVISIONAL ALLOTMENT LETTER OF R ISSUED BY THE 2ND RESPONDENT
EXHIBIT P10:	TRUE COPY OF THE COUNSELLING ADMIS COURSE	HANDBOOK FOR 2017 CENTRALIZED SION FOR THE DNB POST DIPLOMA
EXHIBIT P11:	TRUE COPY OF THE PETITIONER FOR TH IN OBSTETRICS AND RESPONDENT UNIVER	DIPLOMA CERTIFICATE OF THE 1ST E POST GRADUATE DIPLOMA COURSE GYNECOLOGY ISSUED BY THE 3RD SITY
EXHIBIT P12:	TRUE COPY OF THE PETITIONER FOR TH IN OBSTETRICS AND RESPONDENT UNIVER	DIPLOMA CERTIFICATE OF THE 2ND E POST GRADUATE DIPLOMA COURSE GYNECOLOGY ISSUED BY THE 3RD SITY

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SKG

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WP(C).No. 17849 of 2017 (E)

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EXHIBIT P13:	TRUE COPY OF THE PETITIONER FOR T IN OBSTETRICS AN RESPONDENT UNIVE	DIPLOMA CERTIFICATE OF THE 3RD HE POST GRADUATE DIPLOMA COURSE D GYNECOLOGY ISSUED BY THE 3RD RSITY
EXHIBIT P14:	TRUE COPY OF THE PRINCIPAL OF 4TH THE M.C.1 RECOGN	CERTIFICATE ISSUED BY THE RESPONDENT COLLEGE INFORMING ITION TO THE 1ST PETITIONER
EXHIBIT P15:	TRUE COPY OF THE PRINCIPAL OF 4TH THE M.C.1 RECOGN	CERTIFICATE ISSUED BY THE RESPONDENT COLLEGE INFORMING ITION TO THE 2ND PETITIONER
EXHIBIT P16:	TRUE COPY OF THE PRINCIPAL OF 4TH THE M.C.1 RECOGN	CERTIFICATE ISSUED BY THE RESPONDENT COLLEGE INFORMING ITION TO THE 3RD PETITIONER
EXHIBIT P17:	TRUE COPY OF THE OFFICIAL WEBSITE	COMPUTER PRINT PUT FROM THE OF MEDICAL COUNCIL OF INDIA
EXHIBIT P18:	TRUE COPY OF THE ISSUED BY THE ME 4TH RESPONDENT C	COMMUNICATION DATED 24.2.2011 DICAL COUNCIL OF INDIA TO THE OLLEGE

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RESPONDENT(S)' EXHIBITS

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R2(a) COPY OF THE LETTER DATED 17TH MAY 2017

/TRUE COPY/

P.S. TO JUDGE

SKG

P.B.SURESH KUMAR, J.

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.........................................................

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W.P.(C)No.17849 of 2017

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......................................................... Dated this, the 10^th day of July, 2017.

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J U D G ME N T

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Petitioners have been though selected for DNB (Post Diploma) course by the second respondent, they were not permitted to join for the course on the ground that the Post Graduate Diploma obtained by the petitioners from the fourth respondent college in Gynecology and Obstetrics, on the basis of which the petitioners have been selected for the DNB (Post Diploma) course, has not been recognized by the Medical Council of India. The petitioners challenge the said decision of the second respondent in this writ petition.

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Today, when this matter was taken up for admission, the learned Standing Counsel for the Medical Council of India submitted, on instructions, that the Medical Council of India has decided to recommend to the Central Government to recognize the Post Graduate Diploma secured by the petitioners from the fourth respondent college and to

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W.P.(C)No.17849 of 2017 : 2 :

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include the said Diploma in the first schedule to the Indian Medical Council Act. The minutes of the Post Graduate Medical Education Committee of the Medical Council of India which took the aforesaid decision on 23^rd June, 2017 was also made available to the Court by the learned Standing Counsel.

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True, the Diploma obtained by the petitioners

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can be treated as a recognised qualification only when it is included in the first schedule to the Indian Medical Council Act. However, since the Medical Council of India has decided to recommend to the Central Government to recognise the said qualification, I deem it appropriate to allow the writ petition directing the second respondent to permit the petitioners to join for the course in the respective hospitals, subject to the decision of the Central Government. Ordered accordingly.

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Sd/-

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P.B.SURESH KUMAR,

JUDGE

Bb/10/7/2017

[True copy]

P.A to Judge

Dr.Lakshmi J.K. v. the Medical Council of India

Case brief

What is this about?

What did the court decide?

Dr.Lakshmi J.K. v. the Medical Council of India

Case brief

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What did the court decide?

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