The Doctors Welfare v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.Nos.1 of 2011 & 2 of 2012 The Doctors Welfare Association of Tamil Nadu Registered Society No.284 of 2001 No.15, New Street, West Mambalam Chennai - 600 033.
Rep. by its General Secretary ... Petitioner Vs.
1.The Union of India Rep. by its Secretary Department of Health & Family Welfare Nirman Bhavan, Maulana Azad Road New Delhi - 110 011.
2.The Medical Council of India Rep. by its Board of Governors Pocket 14, Sector 8, Dwaraka Phase-I New Delhi - 110 077.
3.The State of Tamil Nadu Rep. by its Secretary Department of Health & Family Welfare Fort St. George, Chennai - 600 009.
4.The Director of Medical Education Kilpauk, Chennai - 600 010.
5.The Annamalai University Rep. by its Registrar Annamalai Nagar, Chidambaram Cuddalore District - 608 002.
6.The Director, Directorate of Distance Education Annamalai University Annamalai Nagar, Chidambaram Cuddalore District - 608 002.
7.Dr.N.Pari 8.Dr.A.S.Rajendran 9.Dr.T.Vinoth Joy Joseph 10.Dr.Srinivasulu Kanna 11.Dr.N.Kannan 12.Dr.S.Jaishankar 13.Dr.R.P.Rajesh 14.Dr.V.Thirupathi Raja 15.Dr.Asiya Shahima 16.Dr.D.Jeba Anita 17.Dr.V.Suresh 18.Dr.E.Gangadaran 19.Dr.R.Vinod
20.Dr.Rajakumar Selvanathan 21.Dr.G.Arvind 22.Dr.Usha Ragunathan 23.Dr.J.Rajendran 24.Dr.P.Subhashini 25.Dr.N.Usha Rajesh 26.The Registrar, Tamil Nadu Dr. M.G.R. Medical University No.69, Anna Salai, Guindy, Chennai - 32.
... Respondents [R7 to R25 impleaded as per order dated 08.10.2012 MP.No.1/2012 in WP.No.27610/2011] [R26 suo-motu impleaded as per order dated 09.10.2017 in W.P.No.27610 of 2011] Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring the courses offered by the 5th respondent Annamalai University in Medical & Health Science as announced by it vide Admission Notifications dated 13.11.2011 in the English Daily "Deccan Chronicle" and the Tamil Daily "Thina Thanthi" for the academic year 2011-12 as illegal and ultra vires the Indian Medical Council Act, 1956, and further direct the respondents to stop forthwith the running of the said courses and offering of the said medical qualifications.
For Petitioner : Mr.T.Sundaravadanam For R1 : Mr.M.Arvind Kumar Senior Central Government Panel Counsel For R2 : Ms.Shubharanjani Ananth [For NMCI] For R3 & R4 : Mr.P.Sanjay Gandhi Government Advocate For R5 & R6 : Mr.S.Siva Subramani For R7 to R25 : Mrs.M.Srividhya For R26 : No Appearance
O R D E R
The writ of declaration has been filed to declare the courses offered by the 5th respondent Annamalai University in Medical & Health Science as announced by it vide Admission Notifications dated 13.11.2011 in the English Daily "Deccan Chronicle" and the Tamil Daily "Thina Thanthi" for the academic year 2011-12 as illegal and ultra vires the Indian Medical Council Act, 1956, and further direct the respondents to stop forthwith the running of the said courses and offering of the said medical qualifications.
2. The admission notification of the year 2011 has been challenged. Though the notification lost its relevance on account of efflux of time, the learned counsel for the petitioner brought to the notice of this Court that certain unrecognised degree, diploma courses are utilised by the practitioners in an illegal manner .
3. The degrees recognised by the National Medical Commission of India alone are to be considered as valid degree or diploma or otherwise for the purpose of medical practises. If at all any person acquire any degree or diploma that are not recognised by the National Medical Commission of India, the said degree or diploma cannot be utilised for the purpose of practising medicine and in the event of identifying any such degree or diploma, which is not recognised and being used by any medical practitioners, then all appropriate actions are to be initiated by the competent authorities.
4. The degree or diploma in specialities acquired in a recognised institution with reference to the recognised degrees alone are to be construed
as valid and thus, the respondents are expected to be vigil over such fraudulent or invalid degrees granted by any university or institution which all are in violation of the Statues and Rules in force.
5. As far as the present writ petition is concerned the Annamalai University has been taken over by the Government of Tamil Nadu and therefore, the Government of Tamil Nadu has to ensure that the recognised degrees and diplomas are offered to the students.
6. With these clarifications, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 21.04.2023 Jeni Index : Yes Speaking order
To 1.The Secretary The Union of India Department of Health & Family Welfare Nirman Bhavan, Maulana Azad Road New Delhi - 110 011.
2.The Board of Governors The Medical Council of India Pocket 14, Sector 8, Dwaraka Phase-I New Delhi - 110 077.
3.The Secretary The State of Tamil Nadu Department of Health & Family Welfare Fort St. George, Chennai - 600 009.
4.The Director of Medical Education Kilpauk, Chennai - 600 010.
5.The Registrar The Annamalai University Annamalai Nagar, Chidambaram Cuddalore District - 608 002.
6.The Director, Directorate of Distance Education Annamalai University Annamalai Nagar, Chidambaram Cuddalore District - 608 002.
7.The Registrar, Tamil Nadu Dr. M.G.R. Medical University No.69, Anna Salai, Guindy, Chennai - 32.
S.M.SUBRAMANIAM, J.
Jeni 21.04.2023