Disposed

Dr. Reema Thomas Kochupurakal v. State of Kerala

Kerala HC4 Oct 2021WP(C)/11460/2021

Case brief

AI extract

What is this about?

Single-judge High Court granted direction to Travancore Cochin Medical Council to consider the petitioner's application for permanent medical registration within two months, referencing prior provisional registration and MCI certificates as substantive evidence.

What did the court decide?

2nd respondent directed to consider petitioner's application for permanent registration expeditiously and pass final order within two months.

Dr. Reema Thomas Kochupurakal Vs State of… — Pension and Retirement Benefits | Kerala HC (2021)

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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.V.KUNHIKRISHNAN

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MONDAY, THE 4^TH DAY OF OCTOBER 2021 / 12TH ASWINA, 1943

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WP(C) NO. 11460 OF 2021

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PETITIONER:

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DR. REEMA THOMAS KOCHUPURAKAL, AGED 36 YEARS D/O. THOMAS KOCHUPURAKAL JOSEPH, RESIDING AT KOCHUPURAKAL HOUSE, NALUKODY P.O, KOTTAYAM PIN 686 548 BY ADVS. SHAMEENA SALAHUDHEEN A.RAJESWARI R.SHABANA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001

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2 TRAVANCORE COCHIN MEDICAL COUNCIL FOR MODERN MEDICINE REPRESENTED BY ITS REGISTRAR, COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM 695 035 3 NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR 8, DWARAKA, NEW DELHI 110 077 BY ADV N.RAGHURAJ - R2 SRI.TITUS MANI, SC -R3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.11460/2021

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P.V.KUNHIKRISHNAN, J

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W.P.(C)No.11460 of 2021

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Dated this the 04^th day of October 2021

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JUDGMENT

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The above writ petition is filed with

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following prayers:

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“I) Issue a writ of mandamus or any other writ order or direction, and direct the 2^nd respondent to grant Permanent Registration to the petitioner as expeditiously as possible within a time frame fixed by this Hon'ble Court.

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II) Issue a writ of mandamus or any other writ order or direction, and direct the 2^nd respondent to consider the application submitted by the petitioner and grant permanent Registration.

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III) To declare that the petitioner is entitled to get Permanent Registration of the 2^nd respondent.

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IV) Issue any other writ order or direction which this Hon'ble Court may be deem fit in the facts circumstances of the case.

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V) Award the cost of this petition.”

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2. The petitioner, a medical degree holder

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and a Post Graduate in Ophthalmology, is aggrieved

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by the undue delay on the part of the 2^nd

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WP(C) NO.11460/2021

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respondent in granting registration to her. It is the case of the petitioner that she submitted an application for Registration in 2019. She completed the medical degree from a Foreign University and has already been granted Permanent Registration by the Medical Council of India(MCI) as evident by Ext.P8 and her qualification has also been registered as per Ext.P10. The 2^nd respondent, Travancore Cochin Medical Council for Modern Medicine, also granted Provisional Registration Certificate as evident by Ext.P6 in the year 2012. After completing her Post Graduation, the petitioner applied for Permanent Registration in October, 2019. But the said application has not been considered so far. It is the case of the petitioner that the inordinate delay on the part of the 2^nd respondent in granting Permanent Registration causes serious prejudice to the petitioner. In such circumstances, this writ petition is filed.

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3. Heard the learned counsel for the

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WP(C) NO.11460/2021

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petitioner, the learned Government Pleader and the learned Standing counsel for respondents 2 and 3.

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4. The learned counsel for the petitioner reiterated her contentions in the writ petition. The learned counsel submitted that the non Registration by the 2^nd respondent, even though the application is submitted in the year 2019, causing several difficulties to the petitioner.

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5. The learned Standing counsel for the 2^nd respondent submitted that certain formalities are

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to be complied for registration and the 2^nd respondent will do the needful in accordance to law, as expeditiously as possible.

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6. After hearing both sides, I think there

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can be a direction to the 2^nd respondent to consider the application submitted by the petitioner especially in the light of Ext.P8 certificate issued by the Medical Council of

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India. There can be a time limit for passing final order in the application submitted by the petitioner.

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WP(C) NO.11460/2021

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Therefore, this writ petition is disposed in the following manner:

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i) The 2^nd respondent will consider the application which referred in Ext.P12, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

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ii) While passing orders, the 2^nd respondent will consider Ext.P8 certificate issued by the 3^rd respondent and also Ext.P6 Registration granted by the same authority.

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P.V.KUNHIKRISHNAN JUDGE

WP(C) NO.11460/2021

APPENDIX OF WP(C) 11460/2021

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PETITIONER EXHIBITS

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EXHIBIT	P1 A TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE MCI DATED 13- 12-2004
EXHIBIT	P2 A TRUE COPY OF THE GRADUATION CERTIFICATE DATED 1-6-2009 ISSUED BY THE ANGELES UNIVERSITY FOUNDATION
EXHIBIT	P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE NATIONAL BOARD OF EXAMINATION DATED 17-04-2010
EXHIBIT	P4 A TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF DELHI IN W.P(C) NO. 6443 OF 2011 DATED 29-05-2012
EXHIBIT	P5 A TRUE COPY OF THE PROVISIONAL REGISTRATION CERTIFICATE NO MC1/PROVISIONAL/11P-27123 DATED 13-12- 2011 ISSUED BY THE MCI
EXHIBIT	P6 A TRUE COPY OF THE PROVISIONAL REGISTRATION CERTIFICATE ISSUED BY THE TCMC DATED 24-1-2012
EXHIBIT	P7 A TRUE COPY OF THE INTERNSHIP COMPLETION CERTIFICATE DATED 20-03-2013 ISSUED BY THE SUPERINTENDENT OF GENERAL HOSPITAL, ERNAKULAM
EXHIBIT	P 8 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE MCI DATED 19- 10-2013.
EXHIBIT	P 9 A TRUE COPY OF THE CERTIFICATE OF MASTER OF SURGERY IN OPHTHALMOLOGY ISSUED BY THE BALAJI VIDYAPEETH DATED 27-1-2017
EXHIBIT	P10 A TRUE COPY OF THE REGISTRATION
	CERTIFICATE ISSUED BY THE MCI FOR
	ADDITIONAL QUALIFICATION DATED 27-11-

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WP(C) NO.11460/2021

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EXHIBIT P 11 A TRUE COPY OF THE FELLOWSHIP CERTIFICATE ISSUED BY THE COMTRUST CHARITABLE TRUST HOSPITAL, CALICUT. EXHIBIT P 12 A TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE 2ND RESPONDENT DATED 2210-2019 EXHIBIT P13 A TRUE COPY OF THE RECEIPT OF REMITTANCE OF FEES

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EXHIBIT P14 A TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER DATED 9-12020 BEFORE THE MEMBERS OF THE ETHICS COMMITTEE OF THE 2ND RESPONDENT.

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EXHIBIT P15 A TRUE COPY OF THE COMMUNICATION NO. C2/24870/2019/M.C/ F DATED 27-08-2020

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EXHIBIT P16 A TRUE COPY OF THE E-MAIL DATED 23-122020 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY//

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PA TO JUDGE

Dr. Reema Thomas Kochupurakal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr. Reema Thomas Kochupurakal v. State of Kerala

Case brief

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What did the court decide?

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