← Library
Madras High CourtWP/27058/2018closed

M.Sai Surendar v. The Union Of India

2019-04-24Honourable Mrs Justice Pushpa Sathyanarayana7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.04.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.Nos.27058, 27105, 27389, 27390, 28111, 28121, 30319 & 31823 of 2018 and W.M.P.No.31467 of 2018 in W.P.No.27058 of 2018 W.M.P.No.31519 of 2018 in W.P.No.27105 of 2018 W.M.P.Nos.31892, 31894 & 31896 of 2018 in W.P.No.27389 of 2018 W.M.P.Nos.31893, 31897 & 31901 of 2018 in W.P.No.27390 of 2018 W.M.P.No.32763 of 2018 in W.P.No.28111 of 2018 W.M.P.No.32766 of 2018 in W.P.No.28121 of 2018 W.M.P.No.35382 of 2018 in W.P.No.30319 of 2018 W.M.P.Nos.37057 & 37059 of 2018 in W.P.No.31823 of 2018 Dr.M.Sai Surendar ... Petitioner in WP.No.27058/2018 Dr.John Nobel Thomas ... Petitioner in WP No.27105/2018 Dr.T.S.Srinath Kumar ... Petitioner in WP No.27389/2018 Dr.Shiju Stanley ... Petitioner in WP No.37390 and 30319/2018 Dr.Saji AB ... Petitioner in WP No.28111/2018 Dr.M.Waseem Ahmed ... Petitioner in WP No.28121/2018 Dr.M.Sai Surender ... Petitioner in WP No.31823/2018 Vs.

1.The Union of India, Represented by its Secretary, Ministry of Health and Family Welfare, A-Wing, Nirman Bhawan, Maulana Azad Road, New Delhi - 110 011.

2.The State of Tamil Nadu, Represented by its Secretary, Department of Health and Family Welfare, Secretariat, Chennai - 600 009.

3.The Medical Council of India, Represented by its Secretary, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi - 110 077.

4.The Tamil Nadu Medical Council, Represented by its Registrar, No.914, Poonamalle High Road, Arumbakkam, Chennai - 600 106.

5.The Directorate of Medical Education, Represented by its Director, No.162, EVR Periyar Salai, Kilpauk, Chennai - 600 010.

6.The University Grants Commission, Represented by its Secretary, Bahadur Shah Zafar Marg, New Delhi - 110 002.

7.The Tamil Nadu Dr.M.G.R. Medical University, Represented by its Registrar, No.69, Anna Salai, Guindy, Chennai - 600 032.

8.Sri Ramachandra University, Represented by its Registrar, No.1, Ramachandra Nagar, Porur, Chennai - 600 116.

.. Respondents in WP. No.27058, 27105, 28111, 28121/18 1 Union of India Rep. by the Secretary to Government Department of Health and Family Welfare Nariman Bhavan Moulana Azad Road New Delhi - 110 108.

2 The Medical Council of the Pocket - 14 Sector - 8, Rep. by Register Dawaraka Phase - I New Delhi - 110 077.

3 Tamil Nadu Medical Council Rep. by the Registrar New No.914 Old No.

569 Ponamallee high Road Arumbakkam Chennai - 600 106.

4 Vinayaka Mission University Rep. by Registrar Sankagiri Main Road Ariyanoor Salem.

...Respondents in WP 27389 and 27390, 30319/2018

1 The Union Of India Rep. by its Secretary Ministry of Health and Family Welfare A-Wing Nirman Bhawan Maulana Azad Road New Delhi - 110011 2 The Union of India Rep. By its Secretary Ministry of Human Resource Development Shastri Bhawan New Delhi - 110001 3 The State of Tamil Nadu Rep. by its Secretary Department of Health and Family Welfare Secretariat Chennai - 600009 4 The Medical Council of India Rep. by its Secretary Pocket - 14 Sector - 8 Dwarka Phase - I New Delhi - 110077 5 The Tamil Nadu Medical Council Rep. by its Registrar No. 914 Poonamallee High Road Arumbakka Chennai - 600106 6 The Directorate of Medical Education Rep. by its Director No. 162 EVR Periyar Salai Kilpauk Chennai - 600010 7 The University Grants Commission Rep. by its Secretary Bahadur Shah Zafar Marg New Delhi - 110002 8 The Tamil Nadu Dr. MGR Medical University Rep. by its Registrar No. 69 Anna Salai Guindy Chennai - 600032 9 Sri Ramachandra University Rep. by its Registrar No. 1 Ramachandra Nagar Porur Chennai - 600016

...Respondents in WP No.31823 /2018

PRAYER in W.P.No.27058 of 2018 and 28111, 27105 : Writ Petitions

filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the notice dated 17.05.2018 vide Ref.No.TNMC/G 172/2018 issued by the 4th respondent and to quash the same as arbitrary, illegal and consequentially direct the 8th respondent to apply to the 1st respondent as per section 11(2) of the Indian Medical Council Act, 1956 seeking recognition of Doctor of MedicineAccident and Emergency Medicine degree studied by the petitioner in the 8th respondent University.

Prayer in WP No.27389 and 27390/2018 To issue a writ of certiorarified mandamus Calling for the records relating to the impugned notice / proceedings of the 3rd Respondent in Ref. No. TNMC/G 172/2018 dated 17.05.2018 quash the same and consequently direct the Respondents 1 to 3 to consider the grant of recognition to the course of M.D. in (Emergency Medicine) in the Vinayaka mission University with retrospective effect from the academic year 2007 onwards in exercies of the Powers conferred under section 19(4) of the Indian Medical Council Act 1956 .

Prayer in WP No.31823 /2018: To issue a writ of certiorarified mandamus to call for the records culminating into the impugned order bearing Ref. No. TNMC/ G 530/ 2018 dated 15.10.2018 passed by the 5th respondent and to quash the same as illegal and consequentially direct the respondents 1 4 to consider granting of retrospective recognition from the year 2008 to the Medical Qualification of M.D.(Accident and Emergency Medicine) as the same was granted by 9th respondent (which is declared as Deemed to be University by the 2nd respondent on the advice of 7th Respondent as per Section 3 of The University Grants Commission Act 1956) to the Petitioner as per section 22 of The University Grants Commission Act 1956.

Prayer in WP No.30319/2018 :To issue a writ of certiorarified mandamus calling for the records relating to the impugned Proceedings of the 3rd respondent in Ref.No.TNMC/G530/2018 dated 15.10.2018 quash the same and consequently direct the Respondent 1 to 3 to consider the grant of recognition to the course of M.D. in (Emergency Medicine) in the Vinayaka Mission University with retrospective effect from the academic year 2007 onwards Prayer in WP No.28121/2018 :

To issue a writ of certiorarified mandamus to call for the records of the notice dated 17.05.2018 vide Ref.No.TNMC/G 172/2018 issued by the 4th respondent and to quash the same as

arbitrary illegal and to restrain the 4th respondent from interfering in the petitioners professional practice as a doctor with the additional qualification of Doctor of Medicine-Accident and Emergency Medicine.

W.P.No.27058 of 2018, 28111 and 28121/18 For Petitioner : Mr.R.Shanmugasundaram, Senior Counsel for M/s.S.John in WP.Nos.27058, 27105, 28111, 28121 and 31825 of 2018 Mr.R.Viduthalai, Senior counsel for M/s.P.K.Sabapathi Mr.T.V.Krishnamachari, Senior Panel Counsel for R1, Mr.V.P.Raman for R2 Mr.G.Sankaran for R3 Mr.K.M.Vijayan, Senior Counsel for M/s.E.vijay Anand for R4 ..Petitioner in WP No.27389 and 27390, 30319 of 2018 Mr.T.V.Krishnamachari, Senior Panel Counsel for R1 and R2 Mr.N.Inbanathan, Additional Government Petitioner for R3 Mr.V.P.Raman for R4 Mr.G.Sankaran for R5 Mr.T.M.Pappiah, Special Government Pleader for R6 Mr.P.R.Gopinathan for R3 Mr.D.Ravichander for R8 Mr.Abishek Jenasenan for R9 ..in WP No.31823 of 2018 For R1 : Mr.T.V.Krishnamachari Senior Panel Counsel For R2 : Mr.N.Inbanathan Additional Government Pleader For R3 : Mr.V.P.Raman For R4 : Mr.G.Sankaran For R5 : Mr.T.M.Pappiah Special Government Pleader For R6 : Mr.P.R.Gopinathan For R7 : Mrs.P.Rajalakshmi For R8 : Mr.Abhishek Jenasenan in WP.Nos. 27058, 27105, 28111, 28121/18

COMMON ORDER Since the issue involved in all these writ petitions is common, these writ petitions have been taken up together and disposed of by means of this common order.

2. The prayer of the petitioners is to quash the proceedings of the Registrar of the Tamil Nadu Medical Council with a consequential direction to the private respondent to get recognition for Doctor of Medicine - Accident and Emergency Medicine degree studied by the petitioners.

3. This Court by order dated 26.03.2019 directed the Medical Council of India to re-consider the matter and convey its opinion to the Ministry of Health and Family Welfare, Government of India, at the earliest.

4. It is now stated by the learned counsel appearing for the Medical Council of India that there was a meeting of Board of Governors yesterday in this regard and the minutes are not yet ready.

5. The Medical Council of India is directed to forward the minutes of the proceedings to the first respondent forthwith and the first respondent is directed to consider the same and take appropriate decision based on the minutes and communicate the same to the petitioner within a period of three weeks from the date of receipt of communication from the Medical Council of India.

6. With the above directions, these writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar rsi To 1.The Secretary, Union of India, Ministry of Health and Family Welfare, A-Wing, Nirman Bhawan, Maulana Azad Road, New Delhi - 110 011.

2.The Secretary, Department of Health and Family Welfare, Secretariat, Chennai - 600 009.

3.The Secretary, Medical Council of India, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi - 110 077.

4.The Registrar, Tamil Nadu Medical Council, No.914, Poonamalle High Road, Arumbakkam, Chennai - 600 106.

5.The Director, Directorate of Medical Education, No.162, EVR Periyar Salai, Kilpauk, Chennai - 600 010.

6.The Secretary, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002.

7.The Registrar, Tamil Nadu Dr.M.G.R. Medical University, No.69, Anna Salai, Guindy, Chennai - 600 032.

8.The Secretary, Union of India, Ministry of Human Resource Development, Shastri Bhawan, New Delhi 110 001.

+2 cc to Mr. T.V.Krishnamachari, Advocate SR.No.39195 +2 cc to Mr. Abishek Jenasenan, Advocate SR.No.40254 +2 cc to Mr. Ashok Kumar, Advocate SR.No.39218 +1 cc to Mr. D.Ravichander, Advocate SR.No.39573 +1 cc to Mr. G.Sankaran, Advocate SR.No.39624 +1 cc to Mr. V.P.Raman, Advocate SR.No.39229 +1 cc to Mr.E.Vijay Anand, Advocate SR.No.39261 +1 cc to Mr.P.R.Gobinathan, Advocate SR.No.40328 +2cc to Government Pleader SR.No.39906,40616 W.P.Nos.27058, 27105, 27389, 27390, 28111, 28121, 30319 & 31823 of 2018 AK(CO) GN(29/05/2019)