Allowed

Dr. C.K. Jinu v. the Ministry of Health & Family Welfare

Kerala HC30 Oct 2018WP(C)/8116/2018

Case brief

AI extract

What is this about?

A single-paragraph order directing the Ministry of Health to notify the inclusion of MD Radio Diagnosis qualification and issue a registration certificate to the petitioner within six weeks, following inspection recommendations.

What did the court decide?

Direction to 1st respondent to notify inclusion of MD Radio Diagnosis qualification within six weeks and issue registration certificate to petitioner.

Dr. C.K. Jinu Vs the Ministry of 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 MRS. JUSTICE ANU SIVARAMAN

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TUESDAY ,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940

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WP(C).No. 8116 of 2018

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PETITIONER/S:

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DR. C.K. JINU S/O. MUBARAK, AGED 34 YEARS, RESIDING AT C.K.HOUSE, VANIYAMBALAM, MALAPPURAM.

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BY ADVS. SRI.C.S.AJITH PRAKASH SRI.A.TJOSE SRI. BAIJU NOEL M. SRI.BIJITH S.KHAN SRI. N. ANAND SRI.PAUL C THOMAS SRI.T.K.DEVARAJAN

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RESPONDENT/S:

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1 THE MINISTRY OF HEALTH & FAMILY WELFARE NIMAN BHAVAN, NEW DELHI-110011, REPRESENTED BY ITS SECRETARY.

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2 THE MEDICAL COUNCIL OF INDIA POCKER-14, SECTOR -8, DWARAKA PHASE-1, NEW DELHI 110077, REPRESENTED BY ITS PRESIDENT.

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3 THE TRAVANCORE COCHIN MEDIAL COUNCIL COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM 695 035, REPRESENTED BY ITS REGISTRAR.

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4 THE ACADEMY OF MEDICAL SCIENCES PARIYARAM, KANNUR DISTRICT 670 503, REPRESENTED BY REPRESENTED BY ITS PRINCIPAL. BY ADVS. SRI.P.L.VENUKUMAR, CGC SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION30.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.8116 of 2018 2

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JUDGMENT

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The petitioner has approached this Court seeking the following reliefs:

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i. Issue a Writ Certiorari or any other appropriate writ, order or direction quashing Ext.P10.

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ii. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 3^rd respondent to register the petitioner on its rolls on the basis of their post graduate degrees obtained after his course of study at the 4^th respondent College.

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iii. Issue a Writ of declaration or any other appropriate writ, order or direction declaring that the post graduate degrees of the petitioner in M.D.Radio diagnosis obtained after study at the 4^th respondent College is legal and valid for all purposes.

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iv. To issue appropriate writ, order or direction to the 1^st and 2^nd respondent to take appropriate steps, if required for the final notification of the course Radio Diagnosis underwent by the petitioner in teh 4^th respondent College.

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Heard the learned counsel for the petitioner, Central Government

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Counsel as well as the learned Standing Counsel appearing for the 2^nd and 3^rd respondents.

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It is submitted by the learned counsel for the petitioner that the 2^nd respondent has conducted inspection and recommended to the 1st respondent for recognition of the qualification of MD Radio Diagnosis conducted by the 4^th respondent.

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WP(C).No.8116 of 2018 3

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It is submitted by the learned Central Government Counsel

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appearing for the 1^st respondent that, some time may be required for the issuance of the required notification.

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In the above view of the matter, there will be a direction to the 1^st respondent to take appropriate steps for notifying the amendment to the schedule to the Act including the qualification of MD Radio Diagnosis undergone by the petitioner in the 4^th respondent institution. Appropriate steps shall be taken within a period of six weeks from the date of receipt of a copy of this judgment. Thereafter, the respondents shall take appropriate steps for issuing registration certificate to the petitioner.

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The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

sree

WP(C).No.8116 of 2018 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXT.P1	THE TRUE COPY OF THE LETTER OF CONSENT DATED 24/11/2010 ISSUED BY THE KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCES.
EXT.P2	THE TRUE COPY OF THE LETTER OF PERMISSION DATED 31/03/2012 ISSUED BY THE 4TH RESPONDENT COLLEGE BY THE MCI
EXT.P3	THE TRUE COPY OF THE LETTER OF PERMISSION DATED 31/03/2012 ISSUED BY THE 4TH RESPONDENT COLLEGE DATED 06/07/2015 TO THE PETITIONER.
EXT.P4	THE TRUE COPY OF THE POST GRADUATE DEGREE CERTIFICATE OF M.D.RADIO DIAGNOSIS AWARDED BY THE KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCES TO THE PETITIONER DATED 15/02/2016 IN RE.NO.121160029.
EXT.P5	THE TRUE COPY OF THE MEMO 12/01/2018 TO WITHDRAW THE WRIT PETITION.
EXT.P6	THE TRUE COPY OF THE JUDGMENT DATED 03/10/2017 PASSED BY THIS HONOURABLE COURT IN WPC. 40694/2016
EXT.P7	THE TRUE COPY OF THE MINUTES OF THE MEETING OF THE POSTGRADUATE MEDICAL EDUCATION COMMITTEE OF THE MCI HELD ON 27/10/2017.
EXT.P8	THE TRUE COPY OF THE COMMUNICATION DATED 01/02/2017 ISSUED BY THE MCI.
EXT.P9	THE TRUE COPY OF THE NOTIFICATION DATED 29/12/2017 ISSUED BY THE CENTRAL GOVERNMENT AMENDING THE FIRST SCHEDULE TO THE INDIAN MEDICAL COUNCIL ACT,1956.
EXT.P10	THE TRUE COPY OF THE COMMUNICATION DATED ISSUED BY THE TRAVANCORE - COCHIN COUNCIL OF MODERN MEDICINE DATED 25/01/2017 (SIC. 25/01/2018)
EXT.P11	THE TRUE COPY OF THE JUDGMENT DATED 04/05/2016 PASSED BY THE HONOURABLE HIGH COURT OF MADRAS IN WPC.36467 OF 2015 AND CONNECTED CASE.

Dr. C.K. Jinu v. the Ministry of Health & Family Welfare

Case brief

What is this about?

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Dr. C.K. Jinu v. the Ministry of Health & Family Welfare

Case brief

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