Allowed

Selbin Boban v. Medical Council of India

Kerala HC15 Jul 2022WP(C)/12454/2020

Case brief

AI extract

What is this about?

Petitioner aggrieved by delay in permanent medical registration despite provisional registration and internship completion. Court directed respondent to decide on verified documents within one month.

What did the court decide?

Direction to respondent to take decision on Ext.P17 after due verification of documents within an outer limit of one month of receipt of a copy of this judgment.

Selbin Boban Vs Medical Council of India — Pension and Retirement Benefits | Kerala HC (2022)

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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 V.G.ARUN

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FRIDAY, THE 15TH DAY OF JULY 2022 / 24TH ASHADHA, 1944
WP(C) NO. 12454 OF 2020

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PETITIONER/S:

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SELBIN BOBAN
AGED 25 YEARS
S/O.BOBAN K. MATHEW, KOICKAKUNNEL HOUSE, VATTAKKUNNU
P.O., MEENADOM, KOTTAYAM-686516.
BY ADVS.
JAMES ABRAHAM (VILAYAKATTU)
SRI.P.BALAN (VYTTILA)

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RESPONDENT/S:

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1MEDICAL COUNCIL OF INDIA
DADA DEV MANDIR ROAD, DWARAKA, PHASE-I, POCKET 14,
SECTOR-8, NEW DELHI-110077, REPRESENTED BY ITS
SECRETARY.

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2THE REGISTRAR,
THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE,
COMBINED COUNCIL BUILDING, RED CROSS ROAD,
THIRUVANANTHAPURAM-695035.

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BY ADVS.
SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA
SRI.N.RAGHURAJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12454 OF 2020

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JUDGMENT Dated this the 15^th day of July, 2022

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The petitioner has acquired Doctor of Medicine

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programme equivalent to MBBS from the American International Medical University, Saint Lucia. Thereafter, the petitioner passed the Screening Test prescribed for foreign medical graduates and applied for provisional registration, which was granted as per Ext.P15. The petitioner is aggrieved by the delay in granting permanent registration for practicing as a doctor, even after complying with all statutory requirements.

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Learned Counsel for the petitioner submits that, the petitioner having complied with the mandatory requirements, the second respondent is bound to grant permanent registration forthwith.

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Learned Standing Counsel for the second respondent submits, for the purpose of granting permanent registration, certificates and documents produced by the

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WP(C) NO. 12454 OF 2020

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3

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petitioner will have to be verified by the Council, which process may take some time.

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Inasmuch as the petitioner’s application for

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permanent registration has been pending since 20.11.2021, the second respondent is bound to take a decision thereon at the earliest, particularly in view of the fact that the petitioner is issued with provisional registration and has completed internship and passed the skill test.

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The Writ Petition is hence disposed of, directing the second respondent to take a decision on Ext.P17, after due verification of the documents, within an outer limit of one month of receipt of a copy of this judgment.

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Sd/-

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V.G.ARUN JUDGE

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WP(C) NO. 12454 OF 2020

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APPENDIX OF WP(C) 12454/2020

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`PETITION` `EXHIBIT`	`ER EXHI` `P1`	`BITS` `TRUE COPY OF THE RELEVANT EXTRACT OF THE` `WORLD DIRECTORY OF MEDICAL SCHOOLS` `SHOWING AMERICAN INTERNATIONAL MEDICAL` `UNIVERSITY, SAINT LUCIA.`
`EXHIBIT`	`P2`	`TRUE COPY OF THE RELEVANT PAGES OF LIST` `OF APPROVED UNIVERSITIES SHOWING` `AMERICAN INTERNATIONAL MEDICAL` `UNIVERSITY, SAINT LUCIA DOWNLOADED AND` `PRINTED FROM THE OFFICIAL WEBSITE OF THE` `1ST RESPONDENT.`
`EXHIBIT`	`P3`	`TRUE COPY OF THE LETTER DATED 18.7.2013` `ISSUED BY THE AMERICAN INTERNATIONAL` `MEDICAL UNIVERSITY, SAINT LUCIA TO THE` `PETITIONER.`
`EXHIBIT`	`P4`	`TRUE COPY OF THE MBBS CERTIFICATE DATED` `31.12.2018 ISSUED BY THE AMERICAN` `INTERNATIONAL MEDICAL UNIVERSITY, SAINT` `LUCIA.`
`EXHIBIT`	`P5`	`TRUE COPIES PUBLIC NOTICES ISSUED IN THE` `OFFICIAL WEBSITE OF THE 1ST RESPONDENT` `GRANTING EXEMPTION TO OBTAIN ELIGIBILITY` `CERTIFICATE.`
`EXHIBIT`	`P6`	`TRUE COPY OF THE SCREENING TEST RESULT` `DATED 7.9.2019 ISSUED BY THE NATIONAL` `BOARD OF EXAMINATIONS TO THE PETITIONER.`
`EXHIBIT`	`P7`	`TRUE COPY OF THE ACKNOWLEDGEMENT OF` `RECEIPT OF THE APPLICATION DATED` `15.10.2019 ISSUED BY THE 2ND RESPONDENT.`
`EXHIBIT`	`P8`	`TRUE COPY OF RELEVANT PAGES OF PASSPORT` `OF THE PETITIONER.`
`EXHIBIT`	`P9`	`TRUE COPY OF THE LETTER DATED 29.1.2020` `SENT BY THE AMERICAN INTERNATIONAL` `MEDICAL UNIVERSITY TO THE 2ND` `RESPONDENT.`
`EXHIBIT`	`P10`	`TRUE COPY OF THE ORDER IN CIVIL APPEAL` `NO.11321/2013 DATED 30.1.2018 WHICH` `DOWNLOADED FROM THE WEBSITE OF HON'BLE`

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WP(C) NO. 12454 OF 2020

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`EXHIBIT P11`	`SUPREME COU` `TRUE COPY O` `PROVISIONAL` `14.10.2019` `MEDICAL COU` `SAHAYARAJ,` `AMERICAN IN` `UNIVERSITY,`	`RT.` `F THE CE` `REGISTR` `ISSUED B` `NCIL TO` `WHO OBTA` `TERNATIO` `SAINT L`	`RTIFICATE OF` `ATION DATED` `Y THE TAMILNADU` `ONE NIRMAL NIVIN` `INED DEGREE FROM` `NAL MEDICAL` `UCIA.`
`EXHIBIT P12`	`TRUE COPY O` `IN W.P.NO.1`	`F THE OR` `8548/201`	`DER DATED 26.7.2018` `8.`
`Exhibit P13`	`A TRUE COPY` `DOWNLOADED` `RESPONDENT` `DETAILS OF` `MEDICINE FR` `MEDICAL UNI` `INDIES`	`OF THE` `FROM THE` `SHOWING` `PERSON W` `OM AMERI` `VERSITY,`	`RELEVANT PAGE` `WEBSITE OF THE 1ST` `THE REGISTRATION` `HO ACQUIRED DOCTOR OF` `CAN INTERNATIONAL` `SAINT LUCIA, WEST`
`Exhibit P14`	`A TRUE COPY` `DOWNLOADED` `RESPONDENT` `DETAILS OF` `MEDICINE FR` `MEDICAL UNI` `INDIES`	`OF THE` `FROM THE` `SHOWING` `PERSON W` `OM AMERI` `VERSITY,`	`RELEVANT PAGE` `WEBSITE OF THE 1ST` `THE REGISTRATION` `HO ACQUIRED DOCTOR OF` `CAN INTERNATIONAL` `SAINT LUCIA, WEST`
`Exhibit P15`	`A TRUE COPY` `PROVISIONAL` `27.07.2020`	`OF THE` `REGISTR`	`CERTIFICATE OF` `ATION DATED`
`Exhibit P16`	`A TRUE COPY` `CERTIFICATE` `THE GENERAL`	`OF THE` `DATED 2` `HOSPITA`	`CRRI COMPLETION` `6.10.2021 ISSUED BY` `L, KOTTAYAM`
`Exhibit P17`	`A TRUE COPY` `20.11.2021`	`OF THE`	`APPLICATION DATED`

Selbin Boban v. Medical Council of India

Case brief

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Selbin Boban v. Medical Council of India

Case brief

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