Approving Division Bench judgment, directs petitioners to surrender registration certificates to respondent for endorsement. Respondent directed to return certificates post-endorsement.
Petition allowed; direction to surrender registration certificates within a month for endorsement by respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 05TH DAY OF MARCH 2019 / 14TH PHALGUNA, 1940
WP(C).No. 5007 of 2019
PETITIONER/S:
1 DR.SIDDIQ ALASSERIKOODATHIL, S/O. MOOSA, THUNDIYIL HOUSE, EDACHERI P.O., VADAKARA, KOZHIKODE DISTRICT.
2 ASHARAFF ANDIKKATTIL, S/O. MOHAMMEDKUTTY, A.K. MANZIL, KOPPAM, PULASSERY P.O., PALAKKAD DISTRICT.
BY ADV. DR.GEORGE ABRAHAM
RESPONDENT/S:
1 MEDICAL COUNCIL OF INDIA, POCKET-14, SECTOR - 8, DWARKA, PHASE - 1, NEW DELHI - 110077, REPRESENTED BY THE REGISTRAR.
2 TRAVANCORE-COCHIN MEDICAL COUNCIL, RED CROSS ROAD, TRIVANDRUM - 695 035, REPRESENTED BY THE REGISTRAR. 3 THE REGISTRAR, TRAVANCORE-COCHIN MEDICAL COUNCIL, RED CROSS ROAD, TRIVANDRUM - 695 035.
R1 BY ADV. SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA
R2 & R3 BY SRI.N.RAGHURAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5007 of 2019 2
JUDGMENT
Petitioners are medical practitioners who
have obtained medical degree from various universities outside India. According to them, they have undergone six years medical training apart from one year participatory course in addition to the one year House Surgeonsy, which were undergone in various General Hospitals/Medical Colleges in Kerala.
WP(C).No. 5007 of 2019 3
to make such insistence. Anyhow, the issue
was at large before the Division Bench of this Court, and the Division Bench has finally directed the similarly constituted doctors to surrender the registration certificate, enabling the competent authorities to make necessary endorsement in the certificates, and all other restrictions put forth were found to
be illegal. Learned counsel for the
petitioners submitted that situation would suffice, if a direction is issued in accordance with the directions issued by the Division Bench of this court.
WP(C).No. 5007 of 2019 4
to the 2nd respondent to return the same after making necessary endorsement at the earliest possible time.
The writ petition is allowed to the above extent.
Sd/-
SHAJI P.CHALY
JUDGE
uu 05.03.2019
WP(C).No. 5007 of 2019 5
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED TO THE IST PETITIONER BY THE TRAVANCORE COCHIN MEDICAL COUNCIL, DATED 5/11/2013. |
|---|---|
| EXHIBIT | P2 REGISTRATION CERTIFICATE ISSUED TO THE 2ND PETITIONER BY THE T.C. MEDICAL COUNCIL DATED 12/10/2010. |
| EXHIBIT | P3 TRUE COPY OF COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 6/7/2015. |
| EXHIBIT | P4 TRUE COPY OF THE COMMUNICATION DATED 22/5/2015 PUBLISHED IN THE OFFICIAL WEBSITE. |
| EXHIBIT | P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE IST RESPONDENT DATED 11/5/2015. |
| EXHIBIT | P6 TRUE COPY OF THE JUDGMENT OF HIGH COURT OF JUDICATURE AT MADRAS. |
| EXHIBIT | P7 TRUE COPY OF ORDER IN MISCELLANEOUS PETITION NO.1 OF 2015 IN W.P.C(C) NO.29394/14. |
| EXHIBIT | P8 TRUE COPY OF JUDGMENT IN WRIT PETITION NO. 24623/18. |
| EXHIBIT |
P9 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 15/6/2017. |
| EXHIBIT |
P10 TRUE COPY OF THE COMMUNICATION DATED 20/11/2017. |
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether petitioners should surrender registration certificates for endorsement per Superior Court directive.
Whether respondent has power to suffix equivalence words without endorsement.
Colour shows how this judgement treated each authority
Writ Appeal No.2055/2018, dated 17.10.2018Followed¶27
Dr. Siddiq Alasserikoodathil
Asharaff Andikkattil
Medical Council of India
Travancore-Cochin Medical Council
The Registrar, Travancore-Cochin Medical Council
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
