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High Court of KeralaWP(C)/11282/2015disposed of

Dr. Sameer S. v. State Of Kerala

2015-04-08Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 ---------------------------- PETITIONERS' :

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1. DR. SAMEER S., SHIRAZ, NEAR SHAHIDAR MASJID, KAYAMKULAM, ALAPPUZHA DISTRICT - 690 502.

2. DR. DEEPU K.R., SNEHA, TC 11/1157 (1), PAROTTUKONAM, NALANCHIRA P.O., THIRUVANANTHAPURAM DISTRICT - 695 015.

3. DR. MANU JOHN, KALLUKUNNEL HOUSE, VELLIAPPALLY P.O., PALA, KOTTAYAM DISTRICT - 686 574.

4. DR. RAJITHA G., THUNDATHIL VADAKKETHIL, VADAKKENADA, ETTUMANOOR, KOTTAYAM DISTRICT - 686 613.

5. DR. USHASREE WARRIAR, 1/C, KRISHNA PALACE, SANSKRIT COLLEGE ROAD, THRIPUNITHURA, ERNAKULAM DISTRICT - 684 301.

6. DR. SEIOS J., SEO MANZIL, VIA NGO QUARTERS, OPPOSITE PATTALAM COMPLEX, THRIKKAKARA P.O., COCHIN, ERNAKULAM DISTRICT - 682 021.

7. DR. CICILY SCARIA, OTTATHAYIL HOUSE, PERUMBAIKADU P.O., PARAMPUZHA, KOTTAYAM DISTRICT - 686 016.

8. DR. RAJESH R., CHETTUKULATHU HOUSE, OLD M.C.ROAD, THELLAKOM, KOTTAYAM DISTRICT - 686 630.

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9. DR. RESMI K.P., KAKKACHIPARAMBIL HOUSE, KOODATHAI BAZAR P.O., THAMARASSERY, KOZHIKODE DISTRICT - 673 573.

10. DR. NASEEBA K.T., BARSATH HOUSE, POTTESSERY, MANASSERRY P.O., KOZHIKODE DISTRICT - 673 602.

11. DR. DIVYA V.S., DIVYA VIHAR, SREEKARYAM P.O., THIRUVANANTHAPURAM DISTRICT - 695 017.

12. DR. ANJANA M.A., SRISHTI, SAVITHA LANE, CHALIKKAVATTOM P.O., ERNAKULAM DISTRICT - 682 028. BY ADVS. SRI. ABRAHAM VAKKANAL (SR.) SRI. PAUL ABRAHAM VAKKANAL SRI. DIJO SEBASTIAN SMT. VINEETHA SUSAN THOMAS SRI. ABY ABRAHAM RESPONDENTS' :

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. DIRECTOR OF MEDICAL EDUCATION, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695 011.

3. THE KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR - 680 596, REPRESENTED BY ITS REGISTRAR.

4. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695 011.

BY ADV. SRI.P.SREEKUMAR,SC,KERALA UNIVERSITY HEALTH & BY SRI. BECHU KURIAN THOMAS, SC, UNIVERSITY OF KERALA R1 BY SENIOR GOVERNMENT PLEADER : SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-------------------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------------------- EXT. P1 : TRUE COPY OF THE LETTER FROM 4TH RESPONDENT TO 3RD RESPONDENT EXT. P2 : TRUE COPY OF THE DEMAND DRAFT FOR RS. 75,000/- EXT. P3 : TRUE COPY OF THE LETTER FROM RCC, THIRUVANANTHAPURAM EXT. P4 : TRUE COPY OF THE LETTER FROM RCC, THIRUVANANTHAPURAM EXT. P5 : TRUE COPY OF THE RELEVANT PAGES OF MCI, REGULATIONS EXT. P5(a): TRUE COPY OF THE AMENDMENT TO MCI, REGULATIONS EXT. P6 : TRUE COPY OF THE REPRESENTATION BY THE PETITIONERS ASSOCIATION TO 4TH RESPONDENT RESPONDENTS' EXHIBITS : NIL -------------------------------------- //TRUE COPY// PA TO JUDGE bpr

P.R.RAMACHANDRA MENON, J.

========================= W.P.(C) No.11282 of 2015 ============================ Dated this the 8th day of April, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers:

"i) To issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to see that application is sent after complying with all formalities to the Medical Council of India for inspection and consequent recognition of the DMRT Course in the 4th respondent's College urgently as the DMRT exam is held in may 2015, within a time frame.

ii) To declare that the respondents are duty bound to apply for inspection by Medical Council of India in the 4th respondent's College and RCC, Thiruvananthapuram, for recognition of the DMRT course passed or being studied by the petitioners.

iii) Grant such other reliefs which this Hon'ble Court may deems just and proper to be granted on the facts of the case.

2. Heard Sri.Abraham Vakkanal, the learned Senior Counsel appearing for the petitioner, Sri.Sivakumar, the learned Standing

W.P(C) No.11282 of 2015 Counsel appearing for the 3rd respondent University as well as the learned Government Pleader appearing for the 1st respondent.

4. The learned Standing Counsel appearing for the University submits that the applications preferred by the petitioners have already been obtained and the processing is going on. It is stated that the formalities will be completed within two weeks and the same will be forwarded to the Central Government for further steps. It will be for the Central Government to require the Medical Council of India to conduct an inspection and to proceed with further steps. Since the Central Government as well as the Medical Council of India are not parties in this writ petition, this Court finds that the matter can be disposed of recording the submission and the undertaking given by the 3rd respondent University. It is ordered accordingly. It is open for the petitioner to approach this Court if at all any further grievance is resulted in the due course. Writ Petition disposed of.

Sd/- P.R.RAMACHANDRA MENON, JUDGE vdv