Parvathy K v. The Tamil Nadu Medical Council,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.12913 OF 2021 Parvathy. K.

...Petitioner

Vs.

1. The Tamil Nadu Medical Council, rep. by its Registrar, 914, Poonamallee High Road, Arumbakkam,Chennai-600106.

2. Bharath Institute of Higher Education and Research, rep. by its Registrar, 73, Agraharam Road, Selaiyur, Chennai 600 073.

3. Sree Balaji Medical College and Hospital, rep. by its Dean, No.7, Works Road, Chrompet, Chennai 600 044.

...Respondents

PRAYER:

Writ petition filed under Section 226 of the Constitution of India to issue a writ of Mandamus directing the second and third respondents to issue a) provisional certificate, b) completion certificate from the Department of Community Medicine, c) No objection certificate (NOC) and d) relieving letter so as to enable her to process her NOC for transfer of Compulsory Rotatory Residential internship (CRRI) with the first respondent.

For petitioner : Mr.Govind Chandrasekhar For respondents : Mr.G.Sankaran for R1 Mr.N.Senthil Kumar for R2 and R3

ORDER

This writ petition has been filed praying to issue writ of Mandamus directing the second and third respondents to issue a) provisional certificate, b) completion certificate from the Department of Community Medicine, c) No objection certificate (NOC) and d) relieving letter so as to enable her to process her NOC for transfer of Compulsory Rotatory Residential internship (CRRI) with the first respondent.

2. According to the petitioner, she has completed her MBBS Course in the third respondent college in March 2021. All the MBBS students are required to undergo one-year CRR internship, as a part of their studies and hence, she has commenced her two month stint in community medicine from 21.05.2021 and she wants to complete the balance 10 months CRRI in Trivendram, Kerala, which is her native State. Hence, she gave a request to the third respondents to permit her to complete the balance 10 months CRRI in Trivandraum and to issue the above said certificate, so as to enable her to get the NOC from the first respondent for transfer of Compulsory Rotatory Residential Internship (CRRI). Since there is an urgency in the matter as the offer made by the Government Hospital, Trivandrum is " subject to availability of vacancies", this writ petition has been filed.

3. The learned counsel appearing for the third respondent/college submitted that the third respondent has no objection for returning the certificates and to give no objection certificate, as mentioned in the prayer of the writ petition, provided, the petitioner has to make fresh application to the second and third respondent College.

4. The learned counsel appearing for the first respondent submitted that, if the above said certificates are produced by the second and third respondents, the first respondent has no objection to issue no objection certificate for transfer of Compulsory Rotatory Residential Internship (CRRI) to the petitioner.

5. The above submissions of the learned counsel appearing for the second and third respondents and also the counsel for the first respondent is recorded.

6. Inview of the above submissions, this court directs the petitioner to make fresh application to the second and third respondents seeking for return of certificate as well as No objection certificate, within a period of one week from today and on such application being made by the petitioner, the second and third respondents are directed to issue the above said documents, within one week from the date of receipt of the application and thereafter, on receipt of the above said documents and no objection certificate given by the second and third respondents, the petitioner is directed to approach the first respondent seeking no objection for transfer of compulsory Rotatory Residential Internship (CRRI).

7. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mst To

1. The Registrar, The Tamil Nadu Medical Council, No.914, Poonamallee High Road, Arumbakkam,Chennai-600106.

2. The Registrar, Bharath Institute of Higher Education and Research, 73, Agraharam Road,Selaiyur, Chennai 600 073.

3. The Dean, Sree Balaji Medical College and Hospital, No.7, Works Road, Chrompet, Chennai 600 044.

+1cc to Mr.N.Senthil, Advocate, S.R.No.35249 +1cc to Mr.Govind Chandrasekhar, Advocate, S.R.No.35048 W.P.No.12913 of 2021 AK II (CO) KKV/23/07/2021