Allowed

Dr. Parvathy Anil v. Medical Council of India

Kerala HC18 Sept 2018WP(C)/5647/2018

Case brief

AI extract

What is this about?

The Court directed the Union of India to notify and include MD RadioDiagnosis qualifications in the First Schedule of the I.M.C. Act 1956. This applies to batches admitted from 2012-2016. Upon notification, the petitioner petitioners were directed to be granted registration.

What did the court decide?

Direction to the Government of India to take necessary steps to notify the qualification within one month and to the 5th Respondent to give registration to petitioners.

Dr. Parvathy Anil Vs Medical Council of India — Education and Admissions | 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 18TH DAY OF SEPTEMBER 2018 / 27TH BHADRA, 1940

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WP(C).No. 5647 of 2018

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PETITIONERS:

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1 DR. PARVATHY ANIL AGED 31 YEARS, W/O.DR.ARUNCHANDRAN R., SOORYA, PADA NORTH, KARUNAGAPPALLY, KOLLAM-690518.

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2 DR.KALIRAJAN K. AGED 32 YEARS, S/O.MR.KALIDOSS K., VEERESWARAN KOVIL STREET, VADAGARAJ, PERIYAKUALM, THENI-625601.

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3 DR.SONIYA ABRAHAM AGED 31 YEARS, D/O.MR.ABRAHAM, POOVANNUMOOTTIL, CONVENT ROAD, MUTTADA P.O., TRIVANDRUM-695025.

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4 DR. NEHA MOHAN AGED 29 YEARS, W/O.GOPAKUMAR, KADUVETTIL HOUSE, MANNUTHY P.O., THRISSUR-680651.

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5 DR. VIKRAM H.P. AGED 29 YEARS, S/O.MR. H.R.PRASANNA KUMAR, DOOR NO.11, SAPTHAGIRI NILAYA GURU KRIPA GIRIDARSINI LAYOUT, ALAHANALLI P.O., MYSURU-570028.

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6 DR. NIKHIL G. AGED 29 YEARS, S/O.MR.P.GOPINATHAN, "PANKAJA", MUNDAKKAL EAST, KOLLAM-691001.

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BY ADVS. SRI.C.RAJENDRAN SRI.B.K.GOPALAKRISHNAN

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RESPONDENT/S:

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1 MEDICAL COUNCIL OF INDIA, POCKET-14, SECTOR-8 DWARAKA FACE -I, NEW DELHI-110077.

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WP(C).No. 5647 of 2018

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2 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT (S.DEPARTMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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3 THE DEAN/PRINCIPAL OF REGIONAL CANCER CENTER, P.O.BOX NO.2417, MEDICAL COLLEGE CAMPUS, THIRUVANANTHAPURAM-695001.

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4 THE KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCE, THRISSUR-680001, REPRESENTED BY ITS REGISTRAR.

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5 THE TRAVANCORE COCHIN MEDICAL COUNCIL COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM-695035, REPRESENTED BY ITS REGISTRAR.

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*ADDL.R6 THE DIRECTOR, REGIONAL CANCER CENTRE, MEDICAL COLLEGE CAMPUS, THIRUVANANTHAPURAM

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**ADDL.R7 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, A WING, NIRMAN BHAVAN, MOULANA AZAD ROAD, NEW DELHI - 110 011.

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***(ADDITIONAL R6** SUO MOTU IMPLEADED AS PER ORDER DATED 20.04.2018 IN WP(C) NO.5647/2018)

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****(ADDITIONAL R7 IMPLEADED AS PER ORDER IN I.A.NO.3/2018 DATED 18.09.2018 IS INCORPORATED AS PER ORDER DATED 24.10.2018)**

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BY ADVS.

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SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA SMT.M.U.VIJAYALAKSHMI, SC, REGIONAL CANCER CENTRE SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH & ALLIED SCIENCE SRI.N.RAGHURAJ,SC,TRAVANCORE COCHIN MEDICAL COUNCIL SMT.G RENJITHA - GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5647 of 2018

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JUDGMENT

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The learned counsel for the Medical Council of India, placed before me the recommendation made before the Central Government of India with regard to the course MD (RadioDiagnosis) conducted by the Regional Cancer Centre, third respondent. It is appropriate to refer the communication of the committee constituted by Medical Council of India

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“Sir/Madam,

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I am directed to state that the Postgraduate Medical Education Committee of this Council at its meeting held on 02.08.2018 considered the letter dated 04.07.2018 received from Director, Regional Cancer Centre,Thiruvananthapuram alongwith court order dated 10.07.2018 received from Legal Section Compliance Verification Assessment Report (21.10.2016) and previous assessment reports (March, 2016) & (June, 2015) on the standard of examination and other teaching facilities available for Recognition of MD(Radio-diagnosis) qualification for 2 seats in respect of students being trained at Regional Cancer Centre,Thiruvananthapuram granted by Kerala University of Health Sciences, Thrissur. The Committee decided as under:-

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'The Postgraduate Medical Education Committee considered the letter dated 04.07.2018 received from Director, Regional Cancer Centre, Thiruvananthapuram alongwith court order dated 10.07.2018 received from Legal Section Compliance Verification Assessment Report (21.10.2016) and previous assessment reports (March, 2016) & (June, 2015 and noted that as per notification dated 04.04.2018. The Committee also noted that the college has intimated that the admission has been stopped after the 4^th batch.

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The college is entitled to be recognized for first 4 batches of MD(Radio-diagnosis) course. However, the Letter of Permission granted for the course will lapse after that. The college will not admit any students after the 4^th batch unless they apply a fresh application under Section 10(A) and seek fresh letter of Permission. Hence the Postgraduate Committee decided that the first

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WP(C).No. 5647 of 2018

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4^th batch be recognized. Accordingly, the PG Committee decided to recommend to the Central Government that MD(Radio-diagnosis) qualification for 2 seats granted by Kerala University of Health Sciences, Thrissur in respect of students being trained at Regional Cancer Centre, Thiruvananthapuram be recognized and included in the 1^st Schedule to the I.M.C. Act, 1956 in respect of batches admitted for the academic years 2012-13, 2013-14, 2014-15 and 2015-16, after this the course should be deleted from the Schedule'

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You are therefore requested to notify the above qualification in respect of students admitted for the academic year 2012-13, 2013-14, 2014-15 and 2015-16 at the earliest.

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The above minutes of the Postgraduate Medical Education Committee have been approved by the Oversight Committee vide their letter dated 31.08.2018.”

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In the light of the above, there shall be a direction to the Government of India to take necessary steps to notify and include in first schedule of Medical Council of India Act 1956, within a period of one month. Once the Central Government notifies, the fifth respondent Council shall give necessary registration to the petitioners.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No. 5647 of 2018

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 A TRUE PHOTOCOPY OF THE LETTER OF PERMISSION ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DATED 29.03.2012.

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EXHIBIT P2 A TRUE PHOTOCOPY OF THE WEBSITE OF DEPARTMENT OF RADIATION ONCOLOGY

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EXHIBIT P3 A TRUE PHOTOCOPY OF THE PROVISIONAL ALLOTMENT LETTER DATED 16.04.2014

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EXHIBIT P4 A TRUE PHOTOCOPY OF DETAILS REGARDING ADMISSION TO POST GRADUATE MD COURSES 20142015 ISSUED BY THE REGIONAL CANCER CENTER, THIRUVANANTHAPURAM.

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EXHIBIT P5 A TRUE PHOTOCOPY OF THE RECEIPT DATED 12.05.2016 ISSUED TO THE 1ST PETITIONER FOR THE PAYMENT OF RS.3 LAKHS TOWARDS THE TUITION FEE FOR THE 3RD YEAR

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EXHIBIT P6 A TRUE PHOTOCOPY OF THE PROVISIONAL DEGREE CERTIFICATE DATED 17.07.2017 ISSUED BY THE CONTROLLER OF EXAMINATION OF KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR EXHIBIT P7 A TRUE PHOTOCOPY OF THE SELECTION INTIMATION LETTER DATED 24.04.2012 ALONG WITH FEES STRUCTURE ETC. EXHIBIT P8 A TRUE PHOTOCOPY OF THE CERTIFICATES DATED 18.02.2016 EXHIBIT P9 A TRUE PHOTOCOPY OF THE CERTIFICATES DATED 18.02.2016 EXHIBIT P10 A TRUE PHOTOCOPY OF THE ALLOTMENT LETTER ALONG WITH THE PAYMENT SLIP OF RS.3 LAKHS DATED 22/7/2013. EXHIBIT P11 A TRUE PHOTOCOPY OF THE CERTIFICATES DATED 7/9/2016 EXHIBIT P12 A TRUE PHOTOCOPY OF THE CERTIFICATES 7/10/2017

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WP(C).No. 5647 of 2018

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EXHIBIT P13 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 21/10/2017. EXHIBIT P14 A TRUE PHOTOCOPY OF THE ASSESSMENT REPORT DATED 4/2/2012 EXHIBIT P15 A TRUE PHOTOCOPY OF THE REPORT OF THE ASSESSORS DATED 21.10.2016. EXHIBIT P16 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF GUIDELINES FOR COMPETENCY BASED PG TRAINING PROGRAMME FOR MD(RADIO DIAGNOSIS) EXHIBIT P17 A TRUE PHOTOCOPY OF THE LETTER OF ACCEPTANCE ISSUED BY THE SREE CHITHIRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM DATED 01.03.2016 EXHIBIT P18 A TRUE PHOTOCOPY OF THE LETTER OF ESI CORPORATION DATED 05.03.2018 EXHIBIT P19 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE FINAL RESULT NOTIFICATION NO.35/16 DATED 26/04/2016 OF ALL INDIA MEDICAL SCIENCE, NEW DELHI EXHIBIT P20 A TRUE PHOTOCOPY OF THE RANK LIST OF PDCC DIAGNOSTIC NEURO RADIOLOGY EXHIBIT P21 A TRUE PHOTOCOPY OF THE BANK LOAN SANCTIONED VIDE ITS LETTER OF SANCTION CUM TERMS AND CONDITIONS DATED 14.05.2015 EXHIBIT P22 A TRUE PHOTOCOPY OF THE INFORMATION RECEIVED FROM THE 3RD RESPONDENT VIDE ITS LETTER DATED 27.04.2017 EXHIBIT P23 A TRUE PHOTOCOPY OF THE REGULATION DATED 05.04.2018 EXHIBIT P24 A TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE MINUTES OF MEETING OF MEDICAL COUNCIL OF INDIA, POST GRADUATE MEDICAL EDUCATION COMMITTEE HELD ON 04.05.2018

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WP(C).No. 5647 of 2018

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RESPONDENTS' EXHIBITS:

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ANNEXURE R3(A)	COPY OF THE REPORT VIDE NO.615	/MD-RD/ACAD-
	1/2016/RCC DATED 07.07.2016 OF RESPONDENT	THE 3RD

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ANNEXURE	R3(B) COPY OF THE REQUE 1/2017/RCC DATED RESPONDENT	ST VIDE NO.615/MD-RD/ACAD- 21.06.2017 OF THE 3RD
ANNEXURE	R3(C) COPY OF THE LETTE 1/2017/RCC DATED RESPONDENT	R VIDE NO.615/MD-RD/ACAD- 20.10.2017 OF THE 3RD
ANNEXURE	R3(D) COPY OF THE REPOR 1/2018/RCC DATED RESPONDENT	T VIDE NO.615/MD-RD/ACAD- 04.07.2018 OF THE 3RD

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//TRUE COPY//

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P.A. TO JUDGE

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SKK

Dr. Parvathy Anil v. Medical Council of India

Case brief

What is this about?

What did the court decide?

Dr. Parvathy Anil v. Medical Council of India

Case brief

What is this about?

What did the court decide?

What the court decided

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