Dismissed

Kerala Government Insurance Medical Officers Association v. Union of India

Kerala HC1 Jun 2018WP(C)/8444/2018

Case brief

AI extract

What is this about?

Court closed a writ petition seeking direction to amend PG Medical Regulations and defer admissions following a Supreme Court order mandating the amendment, rendering the petition moot.

What did the court decide?

No relief granted as the petition was closed due to redundancy of reliefs caused by the Supreme Court order and subsequent amendment notification.

Kerala Government Insurance Medical Officers… — 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 SHAJI P.CHALY FRIDAY, THE 1ST DAY OF JUNE 2018 / 11TH JYAISHTA, 1940

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WP(C).No. 8444 of 2018

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PETITIONER(S)

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KERALA GOVERNMENT INSURANCE MEDICAL OFFICERS ASSOCIATION, REG. NO.262/88, REP. BY ITS AUTHORISED OFFICER, DR. AMAL SUDHEEP M.R, ASSISTANT INSURANCE MEDICAL OFFICER, ESI DISPENSORY, MUHAMMA, ALAPPUZHA, KERALA. BY ADVS.SRI.JOSE ABRAHAM (J-1406) SRI.MANU SRINATH SRI.N.RAGESH

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RESPONDENT(S):

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1. UNION OF INDIA, REPRESENTED BY SECRETARY TO DEPARTMENT OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, MAULANA AZAD ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI. 110011.

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2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM, PIN-695001, KERALA.

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3. THE PROSPECTUS APPROVAL COMMITTEE, GOVERNMENT OF KERALA , REPRESENTED BY THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM, PIN-695011,KERALA.

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4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM.695001.

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5. COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, TRIVANDRUM.695001.

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6. MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET-14, SECTOR 8, .DWARKA PHASE-1, NEW DELHI. 110077.

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R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA BY ADV. SMT.C.G.PREETHA, CGC R2 TO R5 BY SENIOR GOVERNMENT PLEADER SRI.V.MANU R6 BY ADV. SRI.TITUS MANI VETTOM, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8444 of 2018 (E)

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APPENDIX

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PETITIONER(S)'EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE REGULATION 9 OF THE POST GRADUATE MEDICAL EDUCATION REGULATIONS 2000. EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION OF THE DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT OF INDIA DATED 26.9.2017 TO THE MEDICAL COUNCIL OF INDIA. EXHIBIT P3 THE TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT OF INDIA DATED 5.3.2018 IN WP(C) NO.105/2018. RESPONDENT(S)'ANNEXURES ----------------------ANNEXURE R1(A) TRUE COPY OF THE LETTER DATED 12.3.2018 ADDRESSED TO THE SECRETARY. ,MEDICAL COUNCIL OF INDIA. ANNEXURE R1(B) TRUE COPY OF THE COMMUNICATION DATED 23.3.2018 ADDRESSED TO THE SECRETARY.

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/TRUE COPY/

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TS 04.06.2018

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SHAJI P. CHALY, J.

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W.P.(C). No. 8444 OF 2018

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Dated this the 01^st day of June, 2018

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JUDGMENT

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This writ petition is filed by the petitioner seeking the following reliefs:-

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“i) To issue a writ of Mandamus or any other appropriate Writ, direction or order the Respondent No. 1 Union of India to notify in the Official Gazette, without any delay, the amendment carried out by the MCI in accordance with the Communication dated 26.09.2017 of the Department of Health & Family Welfare, Government of India so as to amend the subclause(IV) of the Clause 9(2) of the MCI PG Medical Regulations 2000 to include the word 'rural' before 'remote and/or difficult areas' and also to enforce the same amendment of regulations without any unnecessarily delay as per the scheme of the MCI Act, 1956;

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ii) To issue a writ of Mandamus or any other appropriate Writ, direction or order the Respondent Nos. 2 to 4 to defer the deadline with regard to the submission of Applications and Application Fee in the Centralized Allotment Process by in-service candidates seeking admission to the PG Medical Degree/Diploma Courses 2018 until the Respondent No. 1 Union of India notifies the amendment to the sub-clause (IV) of the Clause 9(2) of the MCI PG Medical Regulations 2000;

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W.P.(C). No. 8444 of 2018

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iii. Any other relief/order/direction which the Hon'ble Court may deem fit and just in the light of the facts and circumstances of this case.

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Apparently, on the basis of the amendment made to the Medical P.G. Regulations, 2000, the same is brought into force on and with effect from 05.04.2018. Therefore, the reliefs sought for by the petitioner has become redundant and inconsequential.

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The writ petition is closed, accordingly.

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sd/- SHAJI P. CHALY JUDGE

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DCS

Kerala Government Insurance Medical Officers Association v. Union of India

Case brief

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Kerala Government Insurance Medical Officers Association v. Union of India

Case brief

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