Dismissed

Dr. Ayesha Jaleel v. Medical Council of India, Represented by Its Secretary

Kerala HC30 Nov 2018WP(C)/7727/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of two writ petitions challenging the lack of Union Government recognition for the Diploma in Medical Radio-Therapy course. The Court noted that a Central Government notification dated 28.11.2018 recognized the qualification, thereby redressing the petitioners' grievance without further directions.

What did the court decide?

No further directions required as the grievances were redressed by the Central Government notification dated 28.11.2018.

Dr. Ayesha Jaleel 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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FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

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WP(C).No.7727 of 2016

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PETITIONER:

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DR.AYESHA JALEEL AGED 33 YEARS D/O.ABDUL JALEEL, PRIYA VIHAR, KACHERIPPADY, N.PARAVUR - 683 513.

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BY ADVS. SRI.M.M.HUSAIN SMT.P.A.JENZIA SRI.K.A.MANZOOR ALI SRI.M.ASIF SRI.M.SAJJAD

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RESPONDENTS:

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1 MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET 14 SECTOR -8, DWARAKA PHASE-1, NEW DELHI - 110 000.

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2 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT HEALTH AND FAMILY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM - 695 001.

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

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5 NATIONAL BOARD OF EXAMINATION, MEDICAL ENCLAVE, ANSARI NAGAR, MAHATMA GANDHI MARG (RING ROAD), NEW DELHI - 110 029 REPRESENTED BY CHAIRMAN.

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6 THE PRINCIPAL GOVT. MEDICAL COLLEGE, CALICUT - 673 001.

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ADDL. THE REGISTRAR

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R7 CALICUT UNIVERSITY, CALICUT UNIVERSITY CAMPUS, THENJIPPALAM, KOZHIKODE, PIN-673 635.

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W.P.(C) No.7727/2016 & 23543/2017

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(ADDL R7 IMPLEADED AS PER ORDER DATED 28.03.2018 IN IA NO.5762/2018)

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8 THE UNION OF INDIA REP BY ITS SECRETARY TO MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-110 011.

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(ADDL R8 IMPLEADED AS PER ORDER DATED 9.10.2018 IN IA NO.9/2018)

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BY ADVS. SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH & ALLIED SCIENCE SRI.SANALKUMAR FOR R5 SMT.C.G.PREETHA, CGC FOR R7. SMT.G.RANJITA, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C).No.23543/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.7727/2016 & 23543/2017

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

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WP(C).No.23543 of 2017

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PETITIONER:

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1 DR.SANDEEP.M AGED 34 YEARS, S/O.BALAKRISHNAN NAIR, WORKING AT DISTRICT HOSPITAL KANNUR, RESIDING AT 5131, BILATHIKULAM HOUSING COLONY, ERANJIPALAM P.O., CALICUT, PIN-673 006.

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2 DR.ANEENA P.V.

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AGED 34 YEARS, D/O.SYED ABOOBACKER P.V.,WORKING AT DISTRICT HOSPITAL, NILAMBUR, RESIDING AT THARAMMAL HOUSE, POOKOTTUMPDAM P.O., MALAPPURAM.

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3 HAMZA PALAKKAL AGED 50 YEARS, S/O.MOHAMMED PALAKKAL, PALAKKAL HOUSE, MELANGADY, KONDOTTY, MALAPPURAM DISTRICT, PIN-673638.

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4 JOY, S/O.BOBY JOSEPH, AGED 35 YEARS, MAYILADUMPARA, PRESENTATION SHOP,CHEVAYOOR P.O., KOZHIKKODE, PIN-673017.

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BY ADV. SRI.K.A.MANZOOR ALI

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY SECRETARY TO GOVERNMENT HEALTH AND FAMILY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM-695001.

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3 THE KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCES THRISSUR-680596, REPRESENTED BY ITS REGISTRAR.

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W.P.(C) No.7727/2016 & 23543/2017

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4 THE PRINCIPAL GOVT. MEDICAL COLLEGE, CALICUT-673635.

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5 THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE REP BY ITS REGISTRAR, COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM-35.

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6 THE GOVERNMENT OF INDIA REP BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, NIRMAN BHAVAN, NEW DELHI-110011.

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7 MEDICAL COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY POCKET 14 SECTOR-8, DWARAKA PHASE - 1, NEW DELHI-110000.

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BY ADVS.

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SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA SRI.JAGADEESH LAKSHMAN, CGC SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE MT.G.RANJITA, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C)No.7727/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.7727/2016 & 23543/2017

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J U D G M E N T

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The petitioners completed the Diploma in Medical Radio-Therapy (DMRT) course conducted by the Government Medical College, Kozhikode. It appears that the course was discontinued after 2015.

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The main grievance of the petitioners is that the course do not have recognition from the Union Government.

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Today, learned Central Government Counsel placed before me a notification to be published in the gazette by the Central Government dated 28.11.2018. The notification reads thus:

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“S.O............ In exercise of the powers conferred by sub-section (2) of section 11 of the Indian Medical Council Act, 1956 (102 of 1956), the Central Government, after consulting the Medical Council of India, hereby makes the following further amendments in the First Schedule to the said Act, namely:-

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In the said Schedule-

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a) against “University of Calicut/Kerala University of Health Sciences, Thrissur”, under the heading 'Recognized Medical Qualification' [hereinafter referred to as column (2)], after the last entry and entry relating thereto under the heading 'Abbreviation for Registration' [hereinafter referred to as column (3)], the following shall be inserted, namely:-

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(2) (3)

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“Diploma in Radio-Therapy” DMRT

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(This shall be a recognized medical

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W.P.(C) No.7727/2016 & 23543/2017

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qualification when granted by University of Calicut/Kerala University of Health Sciences, Thrissur in respect of students admitted at Government Medical College, Kozhikode till the academic session 2014-15)”.

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In the light of the above, the grievance of the petitioners is redressed. Therefore, no further directions are required.

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These writ petitions are 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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smp

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W.P.(C) No.7727/2016 & 23543/2017

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APPENDIX OF WP(C) 7727/2016

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE MBBS CERTIFICATE OF THE PETITIONER ISSUED FROM UNIVERSITY OF CALICUT
EXHIBIT P1(a)	TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER WITH THE TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE.
EXHIBIT P2	TRUE COPY OF THE DMRT CERTIFICATE ISSUED TO THE PETITIONER BY KERALA UNIVERISTY OF HEALTH SCIENCES
EXHIBIT P3	TRUE COPY OF PDCET ENTRANCE EXAMINATION RESULT PUBLISHED BY THE NATIONAL BOARD OF EXAMINATION.
EXHIBIT P4	TRUE COPY OF THE RELEVANT PAGES OF THE DNB COURSE REGULATIONS.
EXHIBIT P5	TRUE COPY OF THE LETTER DATED 19.2.2016 ISSUED TO THE PETITIONER BY THE COLLEGE PRINCIPAL.
EXHIBIT P6	TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER.
EXHIBIT P7	TRUE COPY OF THE INFORMATION DATED 4.3.2016 GIVEN TO THE PETITIONER UNDER RTI ACT.
EXHIBIT P8	TRUE COPY OF THE INTERIM ORDER DATED 24.2.2016 PASSED BY THE HON'BLE HIGH COURT IN IA NO.2513/2016 IN WP(C)No.32212/2015.
EXHIBIT P9	TRUE COPY OF REQUEST SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P10	A TRUE COPY OF THE INTERIM ORDER DATED 9.5.2017 PASSED BY THIS COURT IN IA NO 3233/17 IN WP(C) No.7727/16
EXHIBIT P11	TRUE COPY OF THE RESULT OF THE DNB THEORY PUBLISHED BY THE 5TH RESPONDENT.
EXHIBIT P12	NIL
EXHIBIT P13	TRUE COPY OF THE INFORMATION DATED 18.4.2018 PROVIDED BY THE UNIVERSITY OF CALICULT.

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W.P.(C) No.7727/2016 & 23543/2017

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EXHIBIT P14 TRUE COPY OF THE INFORMATION DATED 19.7.2018 ISSUED TO THE PETITIONER EXHIBIT P15 TRUE COPY OF THE THEORY RESULT PUBLISHED BY THE 5TH RESPONDENT. EXHIBIT P16 TRUE COPY OF THE PRACTICAL RESULT PUBLISHED BY THE 5TH RESPONDENT. RESPONDENT'S/S EXHIBITS: EXHIBIT R1 NIL EXHIBIT R2 NIL EXHIBIT R3 (a) TRUE COPY OF THE SAID LETTER DATED 10.5.2017 OF MCI.

True Copy

P.S to Judge

smp

W.P.(C) No.7727/2016 & 23543/2017

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APPENDIX OF WP(C) 23543/2017

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE DMRT THE 1ST PETITIONER BY HEALTH SCIENCES.	CERTIFICATE ISSUED TO KERALA UNIVERSITY OF
EXHIBIT P1(a)	TRUE COPY OF THE DMRT THE 2ND PETITIONER BY HEALTH SCIENCES.	CERTIFICATE ISSUED TO KERALA UNIVERSITY OF
EXHIBIT P1(b)	TRUE COPY OF THE DMRT THE 3RD PETITIONER BY HEALTH SCIENCES.	CERTIFICATE ISSUED TO KERALA UNIVERSITY OF
EXHIBIT P1(c)	TRUE COPY OF THE DMRT THE 4TH PETITIONER BY HEALTH SCIENCES.	CERTIFICATE ISSUED TO KERALA UNIVERSITY OF
EXHIBIT P2	TRUE COPY OF THE INFO REQUEST SENT BY THE U OBTAINED UNDER RTI AC	RMATION SHOWING THE NIVERSITY TO MCI T.
EXHIBIT P3	TRUE COPY OF THE JUDG 14295/2016 DATED 8.4. HON'BLE HIGH COURT.	MENT IN WP(C) 2016 PASSED BY THE
EXHIBIT P4	TRUE COPY OF THE INFO BY THE INFORMATION OF COLLEGE, KOZHIKODE.	RMATION DATED 19.9.2016 FICE OF THE MEDICAL
ANNEXURE R7(a)	TRUE COPY OF THE LIST U/S10a AND RECOGNIZED 1956 AT MEDICAL COLLE	OF COURSES PERMITTED U/S 11 OF THE IMC ACT, GE, KOZHIKODE.
ANNEXURE -1	TRUE COPY OF THE APPL	ICATION DTD.23.12.2017.
		True Copy

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P.S to Judge

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smp

Dr. Ayesha Jaleel v. Medical Council of India, Represented by Its Secretary

Case brief

What is this about?

What did the court decide?

Dr. Ayesha Jaleel v. Medical Council of India, Represented by Its Secretary

Case brief

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