Susmitha v. National Medical Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. S.Susmitha D/o.Sivakumar, No.132 14/17, Jayanagar 1 st Street, Karumandapam, Trichirappalli-620 001.

Appellant(s) Vs 1.National Medical Commission Represented by its Chairman Pocket-14, Sector-8, Dwarka Phase-1, New Delhi110 077. 2.The Registrar, Tamilnadu Medical Council, 914, Poonamallee High Road, Arumpakkam, Chennai-106.

3.The Registrar,

Dr.MGR Medical University, 69 Anna Salai, Guindy, Chennai-32.

4.The Academic Officer Dr.MGR Medical University, 69, Anna Salai, Guindy, Chennai-32.

5.The Principal Melmaruvathur Adhiparasakthi Institute of Medical Sciences and Research Melmaruvathur, Cheyyur Taluk, Chengalpattu District - 603 319 Respondent(s) PRAYER To set aside the Impugned order dated 28.03.2023 passed in WP No.9424 of 2023.

For Appellant(s):

Mr.M.Ramamoorthi For Mr.V.Athikesavan For Respondent(s):

Ms. Shubharanjani Ananth Standing Counsel For R1 Mr.U.Baranidharan For R2 Standing Counsel for TNMC For R2 Mr.A. Mohammed Gouse For R 3 and 4 Mr A.S.Balaji For R5

JUDGMENT

(Judgment of the Court was made by S.M.Subramaniam J.) The Writ order dated 28.03.2023 passed in W.P.No.9424 of 2023 is sought to be assailed in the present Writ Proceedings.

2.

The Writ Court dismissed the Writ Petition mainly on the ground that the appellant's request for transfer of internship was rejected by the 4 th respondent citing the NMC regulations, which prescribe that, All Indian Medical Graduates, have to complete their entire period of compulsory rotating internship training in the Institution, where they have pursued and completed their MBBS degree course.

3.

Learned counsel for the appellant would submit that the transfer application was filed on account of some inconvenience caused to the appellant in the college.

4.

Learned counsel for the National Medical Commission fairly made a submission that even now the appellant can continue her internship and complete the same, since the period of 9 years, as contemplated under the Regulation has not expired. Thus, there is no impediment for the appellant to continue the internship and complete the same in the same college, where she completed MBBS degree course.

5.

Learned counsel appearing on behalf of the 5 th respondent / Melmaruvathur Adhiparasakthi, Institute of Medical Sciences and Research would submit that the College has no objection for allowing the appellant to continue the intership and complete the same in their College.

6.

Learned Standing Counsel for Dr.MGR Medical University, also has no objection for allowing the appellant to continue the internship training. 7.

In view of the above submissions made between the parties, this Court is of the considered opinion that the appellant, who is a young student having completed MBBS course and in the process of completing the internship, must be allowed to complete the course, enabling her to undertake the medical profession.

8.

Accordingly, the respondents are directed to allow the appellant to complete her internship training in 5 th respondent College and enabling her to complete the same and pursue her medical profession. 9.

With these, observations, the Writ Appeal stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 03-04-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Chairman National Medical commission Pocket-14, Sector-8, Dwarka Phase-1, New Delhi-110 077.

2.The Registrar, Tamilnadu Medical Council, 914, Poonamallee High Road, Arumpakkam, Chennai-106.

3.The Registrar, Dr.MGR Medical University, 69 Anna Salai, Guindy, Chennai-32.

4.The Academic Officer Dr.MGR Medical University, 69, Anna Salai, Guindy, Chennai-32.

5.The Principal Melmaruvathur Adhiparasakthi Institute of Medical Sciences, Melmaruvathur, Chengalpattu District.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd 03-04-2025