High Court of KeralaWP(C)/13839/2015disposed of

M.P.Koteessvar v. Union Of India

2015-05-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 8TH DAY OF MAY 2015/18TH VAISAKHA, 1937 WP(C).No. 13839 of 2015 (D) ---------------------------------------- PETITIONER(S):

--------------------- M.P.KOTEESSVAR, AGED 28 YEARS, S/O.V.PANEER SELVAM, 158/67, THIRD CROSS POWER HOUSE COLONY, KRISHNAGIRI 635001.

BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S):

-------------------------

1. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI 110002.

2. MEDICAL COUNCIL OF INDIA AIWAN E GALIB MARG, KOTLA ROAD OPP.MATA SUNDARI COLLEGE (FOR WOMEN) NEW DELHI 110002, REPRESENTED BY ITS SECRETARY

3. UNIVERSAL EMPIRE INSTITUTE OF MEDICAL SCIENCE PVT LTD. 'POOJA' MOSQUE LANE, SRM ROAD, KOCHI 682018.

R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2 BY SRI.TITUS MANI VETTOM, SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13839 of 2015 (D) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE MBBS DEGREE CERTIFICATE OF THE PETITIONER ISSUED BY THE INTERNATIONAL UNIVERSITY OF THE HEALTH SCIENCE (IUHS) WEST INDIES P2:

TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 27.12.2004 P3:

TRUE COPY OF THE RESULT OF PETITIONER IN THE SCREENING TEST CONDUCTED BY NATIONAL BOARD OF EXAMINATION DATED 08.11.2012 P4:

TRUE COPY OF THE LETTER ISSUED BY THE GOVERNMENT OF ST. CHRISTOPHER & NEVIS, WEST INDIES P4 A :

TRUE COPY OF THE RELEVANT EXTRACT OF WORLD DIRECTORY OF MEDICAL SCHOOLS PUBLISHED BY WORLD HEATLTH ORGANIZATION P5:

TRUE COPY OF THE JUDGMENT DATD 29.08.2014 IN WA.NO.1981/2012 P6:

TRUE COPY OF THE JUDGMENT DATED 10.12.2014 IN WP.NO.12857/2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.13839 of 2015 ============================ Dated this the 08th day of May, 2015

JUDGMENT

The petitioner has obtained M.B.B.S from International University of the Health Science (IUHS), St.Kitts, West Indies. Ext.P3 would indicate that the petitioner has passed screening test and eligibility test conducted by the National Board of Examinations, which is a criteria for an Indian national, who obtained a primary medical qualification from a foreign university to enroll his/her name as a recognized medical practitioner by a State Medical Council or 2nd respondent. The grievance of the petitioner is for granting a provisional registration under Sec.25(1) of Indian Medical Council Act for starting practice as doctor in India. The issue is covered the judgment of this Court in W.A.No.1981 of 2011. The request for permanent registration will be subject to the approval of the one year internship. The State Council shall take necessary action to register the petitioner on the roll of State Council on approval of internship in the light of the judgment in W.A.No.1981 of 2011. The Writ Petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/11/05/15