Dr.K.Arulvel, M.B.B.S., M.S.(Russia) v. The Union Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2024

CORAM:

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN Dr. K.Arulvel .... Petitioner vs.

1. The Union Government of India, Rep. by its Secretary to Government, Department of Health & Family Welfare, Nirman Bhavan, Moulana Azad Road, New Delhi - 110 011.

2. The Medical Council of India, New Delhi .... Respondents Prayer : Writ Petition is filed under Article 226 of Constitution of India to issue a writ of Certiorarified Mandamus calling for the records of the 1st respondent relating to impugned order dated 25.11.2019 and Notification published in Part II, Section 3, sub section (ii) of the Gazette of India, Extraordinary Government of India, Ministry of Health & Family Welfare, Department of Health & Family Welfare, New Delhi dated 07.03.2008 and to quash the impugned order dated 25.11.2019 para 4 of the said letter and insofar as in paragraph 4, line 27, this Central Government has now decided to give recognition to the acclaimed Post Graduates of Medical Degree in English speaking countries alone 1/5

and consequently to direct the 1st respondent to include all Post Graduate Medical qualifications awarded in USSR and recognize them for enrollment as Medical practitioners in his concerned specialization in that country, in the Notification Government of India, Ministry of Health and Family Welfare, New Delhi dated 7-3-2008 and amend Part II of third schedule of Indian Medical Council Act 1956 and directing the respondents to grant recognition to the petitioner's P.G. Degree M.S. Surgery granted by St. Petersburg State Medical Academy, Russia in 2007 and registered by Ministry of Education and Science, Russia on 22.11.2007, vide Reg. No.78947 and 78948 as per III Schedule amended in Sub section 4 of Section 13 of the Indian Medical Council Act 1956 to enable the petitioner to practice in the field of M.S. General Surgery in India and issue any other appropriate order or direction. For Petitioner : No appearance For Respondent 1 : Mr.A.Kumaragru Senior Panel Counsel

ORDER

This writ petition has been filed challenging the impugned order dated 25.11.2019 and Notification published in Part II, Section 3, sub section (ii) of the Gazette of India, Extraordinary Government of India, Ministry of Health & Family Welfare, Department of Health & Family Welfare, New Delhi dated 07.03.2008 and to quash the impugned order 2/5

dated 25.11.2019 para 4 of the said letter and insofar as in paragraph 4, line 27, this Central Government has now decided to give recognition to the acclaimed Post Graduates of Medical Degree in English speaking countries alone and consequently to direct the 1st respondent to include all Post Graduate Medical qualifications awarded in USSR and recognize them for enrolment as Medical practitioners in his concerned specialization in that country, in the Notification Government of India, Ministry of Health and Family Welfare, New Delhi dated 7-3-2008 and amend Part II of third schedule of Indian Medical Council Act 1956 and directing the respondents to grant recognition to the petitioner's P.G. Degree M.S. Surgery granted by St. Petersburg State Medical Academy, Russia in 2007 and registered by Ministry of Education and Science, Russia on 22.11.2007, vide Reg. No.78947 and 78948 as per III Schedule amended in Sub section 4 of Section 13 of the Indian Medical Council Act 1956 to enable the petitioner to practice in the field of M.S. General Surgery in India.

2. When the matter was called on 05.04.2024, there was no representation on behalf of the petitioner. Hence, the matter was listed today i.e., on 15.04.2024. 3/5

3. Today also, when the matter was called, there is no representation on behalf of the petitioner. Hence, this Writ Petition is dismissed for 'non prosecution'. No costs.

15.04.2024 Internet: Yes/No Speaking Order/Non-Speaking Order gvn To

1. The Secretary to Government, The Union Government of India, Department of Health & Family Welfare, Nirman Bhavan, Moulana Azad Road, New Delhi - 110 011.

2. The Medical Council of India, New Delhi 4/5

G.K. ILANTHIRAIYAN, J.

gvn 15.04.2024 5/5