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Dr.Sanoj Shahul v. Travancore Cochin Council for Modern Medicine

Kerala HC18 Oct 2019WP(C)/22553/2019

Case brief

AI extract

What is this about?

This writ petition challenged the inaction of the Travancore Cochin Council for Modern Medicine in processing the petitioner's application for registration as a medical practitioner. The Court directed the respondents to process the application and expedites remarks within three weeks.

What did the court decide?

Direction to respondents to take final decision and expedites remarks on petitioner's registration application within three weeks.

Dr.Sanoj Shahul Vs Travancore Cochin Council for… — Education and Admissions | Kerala HC (2019)

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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 P.B.SURESH KUMAR

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FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941

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WP(C).No.22553 OF 2019(T)

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PETITIONER:

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DR.SANOJ SHAHUL AGED 61 YEARS REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, MR. ABDUL NAZAR N.I, S/O. IBRAHIMKUTTY N.K, TC 27/1998 (1), CRRA 85-A, CHIRAKULAM ROAD, STATUE, THIRUVANANTHAPURAM, KERALA, INDIA-695 001.

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BY ADV. SMT.S.JASMINE

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RESPONDENTS:

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1 TRAVANCORE COCHIN COUNCIL FOR MODERN MEDICINE, REP. BY ITS REGISTRAR, COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM, KERALA-695 035

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2 REGISTRAR, TRAVANCORE COCHIN COUNCIL FOR MODERN MEDICINE COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM, KERALA-695 035

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R1-2 BY ADV. SRI.N.RAGHURAJ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.22553 OF 2019(T)

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W.P.(C) No.22553 of 2019

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J U D G M E N T

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The petitioner is a native of Thiruvananthapuram district. The petitioner has acquired the degree in Bachelor of Medicine and Bachelor of Surgery from Gulf Medical College, Ajman, United Arab Emirates during 2005 and later acquired degree in Master of Surgery from JSS University, Mysore during 2014. The petitioner has also passed the screening test conducted for the Indian nationals with foreign medical qualification during 2018. It is stated that as the petitioner was married to a citizen of United States, he was residing for quite sometime in United States. It is also stated that as he now wants to come back to Kerala and practice medicine, he applied for registration to the respondents under the Travancore Cochin Medical Practitioners' Act, 1953. Ext.P6 is the application preferred by the petitioner for registration. The grievance voiced by the petitioner in the writ petition concerns

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WP(C).No.22553 OF 2019(T)

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the inaction on the part of the respondents in taking a decision on Ext.P6 application.

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The learned Standing Counsel for the second respondent, on instructions, submitted that the second respondent has sought a few clarifications on the medical degrees possessed by the petitioner from the Medical Council of India and also the JSS University and it is on account of their inability to obtain the clarifications sought, they are unable to process the application for registration preferred by the petitioner.

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It is seen that the petitioner has preferred the application for registration as early as on 13.9.2018. It is unfortunate that the respondents are taking such a long time to process the application for registration.

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In the circumstances, I deem it appropriate to dispose of the writ petition directing the respondents to take a final decision on the application preferred by the petitioner for registration, within three weeks from the date of receipt of a copy of this judgment. Ordered accordingly. The respondents

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WP(C).No.22553 OF 2019(T)

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shall, immediately on receipt of a copy of this judgment, expedite the remarks sought on the application preferred by the petitioner from the institutions concerned, indicating the directions issued by this court in this judgment, within the said time limit.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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WP(C).No.22553 OF 2019(T)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF DEGREE CERTIFICATE OF BACHELOR OF MEDICINE AND BACHELOR OF SURGERY ISSUED BY GULF MEDICAL COLLEGE, AJMAN, UAE.

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EXHIBIT P2 TRUE COPY OF THE TEMPORARY REGISTRATION CERTIFICATE ISSUED BY MEDICAL COUNCIL OF INDIA.

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EXHIBIT P3 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY VICE CHANCELLOR OF JSS UNIVERSITY, MYSORE, KARNATAKA. EXHIBIT P4 TRUE COPY OF THE REJECTION ORDER DATED 05.10.2015. EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 26.07.2018 ISSUED BY NATIONAL BOARD OF EXAMINATIONS. EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXHIBIT P7 TRUE COPY OF THE REMINDER DATED 18.03.2019 SENT TO THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF THE JUDGMENT OF MEDICAL COUNCIL OF INDIA VS. INDIAN DOCTORS FROM RUSSIA WELFARE ASSOCIATIONS AND OTHERS. EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 8500/2008 DATED 29.06.2010 OF THIS HON'BLE COURT.

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RESPONDENTS' EXHIBITS: NIL

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\TRUE COPY//

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PA TO JUDGE

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Dr.Sanoj Shahul v. Travancore Cochin Council for Modern Medicine

Case brief

What is this about?

What did the court decide?

Dr.Sanoj Shahul v. Travancore Cochin Council for Modern Medicine

Case brief

What is this about?

What did the court decide?

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