Disposed

Dr. Shibin Zachariah v. Secretary (Health)

Kerala HC4 Dec 2018WP(C)/16398/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking registration for postgraduate doctors. Relying on MCI recommendations, the Court directed the Government of India to amend the schedule to admit students from 2014 and direct the 8th respondent to grant registration.

What did the court decide?

Directed 6th respondent to include MS(Orthopaedics) in schedule with effect from 2014 within two months and directed 8th respondent to give registration to petitioners.

Dr. Shibin Zachariah Vs Secretary (Health) — Pension and Retirement Benefits | Kerala HC (2018)

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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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940

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WP(C).No.16398 of 2018

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PETITIONER/S:

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1 DR. SHIBIN ZACHARIAH, AGED 33 YEARS, S/O.Y.P.ZACHARIAH, VAZHANGATTU HOUSE, KOOTHATTUKULAM P.O.,ERNAKULAM.

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2 DR.FAIZAL ALI A.A., AGED 55 YEARS, S/O.ALI MOHAMMED, PUTHENCAL HOUSE, PERIYAR LANE, NEAR KMK HOSPITAL, BANK JUNCTION, ALUVA - 683 101.

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BY ADV. SRI.P.SATHISAN

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RESPONDENT/S:

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1 SECRETARY (HEALTH), DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, SECRETARIAT BUILDING, TRIVANDRUM - 695 001, KERALA.

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2 DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., TRIVANDRUM, PIN - 695 011, KERALA, INDIA.

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3 KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR, REPRESENTED BY ITS VICE CHANCELLOR, MEDICAL COLLEGE P.O., THRISSUR, KERALA - 680 596.

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4 PRINCIPAL, GOVERNMENT T D MEDICAL COLLEGE, ALAPPUZHA.

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5 HEAD OF THE DEPARTMENT (MS ORTHOPEDICS), TD MEDICAL COLLEGE, ALAPPUZHA.

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6 GOVERNMENT OF INDIA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, REPRESENTED BY SECRETARY, NIRMAN BHAVAN,CWING, NEW DELHI, DELHI - 110 001.

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7 MEDICAL COUNCIL OF INDIA, POCKET 14, SECTOR 8, DWARAKA, PHASE - 1, NEW DELHI - 110 077.

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WP(C).No.16398 of 2018 2

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8 DIRECTOR, TRAVANCORE COCHIN MEDICAL COUNCIL, RED CROSS ROAD, TRIVANDRUM, VANCHIYUR, KERALA - 695 035.

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BY ADVS.

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SRI.ANISH JAIN, CGC SRI.P.SREEKUMAR ,SC, KERALA UTY.HEALTH AND ALLIED SCIENCE SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

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Read interim order dated 25.6.2018. Pursuant to the said interim order, an application has been submitted by the College before the Medical Council of India (MCI). Thereafter, the MCI gave recommendation as follows:

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“The Postgraduate Medical Education Committee considered the Court order 25.06.2018 along with college representations dated 22.05.2018 and 04.07.2018 and decided to recommend to the Central Government that MS(Orthopaedics) qualification for 1 seat be granted by Kerala University of Health Sciences, Thrissur in respect of students being trained at T.D.Medical College, Alappuzha by recognized from 2014 instead of 2016.

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The Postgraduate Medical Education Committee further decided that the recognition

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WP(C).No.16398 of 2018 3

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so granted shall be for a maximum period of 5 years from the date of Notification upon which the Institute shall have to apply for renewal of recognition. Failure to seek timely renewal of recognition as required shall invariably result in stoppage of admission to the Postgraduate Course.”

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In the light of the above, the sixth respondent is directed to include

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MS(Orthopaedics) in the schedule with effect from 2014 within a period of two months. Once the Government of India includes in the schedule, necessary steps shall be taken by the eight respondent to give registration to the petitioners.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No.16398 of 2018 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1.	TRUE COPY OF THE RESPONDENT SHOWIN PERMITTED EVEN NO	EXTRACT FROM THE WEBSITE OF 4TH G THE STATUS OF THE COURSE AS W.
EXHIBIT P2.	TRUE COPY OF THE SHOWING THE STATU NOW.	EXTRACT FROM THE MCI WEBSITE S OF THE COURSE AS PERMITTED EVEN
EXHIBIT P3.	TRUE COPY OF THE PETITIONER BY THE	CERTIFICATE ISSUED TO THE 1ST 3RD RESPONDENT DATED 21.03.2015.
EXHIBIT P4.	TRUE COPY OF THE PETITIONER BY THE	CERTIFICATE ISSUED TO THE 2ND 3RD RESPONDENT DATED 21.03.2015.
EXHIBIT P5.	TRUE COPY OF THE RESPONDENT.	DEFICIENCY REPORT ISSUED BY 7TH
EXHIBIT P6.	TRUE COPY OF THE 2017 DATED 18.12.	JUDGMENT IN W.P.(C) NO.10203 OF 2017.
EXHIBIT P7.	TRUE COPY OF THE OF 7TH RESPONDENT	RELEVANT EXTRACT FROM THE WEBSITE .
EXHIBIT P8.	TRUE COPY OF THE THE PETITIONER DA	LETTER ISSUED BY 8TH RESPONDENT TO TED 25.01.2018.
EXHIBIT P9.	TRUE COPY OF THE LOURDES HOSPITAL	E-MAIL COMMUNICATION FROM THE TO THE 1ST PETITIONER.
EXHIBIT P10	TRUE COPY OF THE 26.2.2011 ISSUED	LETTER OF PERMISSION DATED BY THE 7TH RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE THE 4TH RESPONDEN	LETTER DATED 28.10.2014 ISSUED BY T TO THE 7TH RESPONDENT
EXHIBIT P12	TRUE COPY OF THE 9.1.2018	NOTICE NO MCL-68(22)2017-MED/DATED
EXHIBIT P13	TRUE COPY OF THE RESPONDENT DATED	COMMUNICATION ISSUED BY 7TH 6.9.2018

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WP(C).No.16398 of 2018 5

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R-7A TRUE COPY OF THE LETTER OF PERMISSION MC1-68(22)2010-MED-70680 DATED 26.2.2011

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EXHIBIT R-7/B TRUE COPY OF LETTER B3/6487(A)2007/TDMCA DATED 19.11.2014 BY THE COLLEGE AUTHORITIES ADDRESSED TO THIS ANSWERING RESPONDENT. EXHIBIT R-7/C TRUE COPY OF LETTER MCI-68(22)/2014-MED/142186 DATED 21.11.2014 BY THE COUNCIL ADDRESSED TO THE COLLEGE.

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EXHIBIT R-7/D TRUE COPY OF THE CENTRAL GOVERNMENT LETTER NO U 12012/494/2015-ME(PT.1),DATED 31.3.2016

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EXHIBIT R-7/E TRUE COPY OF LETTER MC1-68(22)2017-MED/166844 DATED 9.1.2018 ADDRESSED TO THE CENTRAL GOVERNMENT.

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//TRUE COPY//

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P.A.TO JUDGE

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Dr. Shibin Zachariah v. Secretary (Health)

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Dr. Shibin Zachariah v. Secretary (Health)

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