Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 2021 OF 2024 PETITIONER: JAYA DUNSTON AGED 54 YEARS, W/O. DUNSTON S., HOUSE NO 46, 28 STREET, AI BADAA, JUMERIAH 1, DUBAI, PIN - 500001 BY ADVS. SHASHANK DEVAN K.M.ANEESH K.SANTHOSH KUMAR (KALIYANAM) ADARSH KUMAR BIJU VARGHESE ABRAHAM DILEEP CHANDRAN RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE PO, THRISSUR - KERALA, PIN - 680596 2 THE REGISTRAR KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE PO, THRISSUR - KERALA, PIN - 680596 3 MALABAR MEDICAL COLLEGE & RESEARCH CENTRE MODAKKALLUR, ATHOLI, CALICUT, REPRESENTED BY ITS PRINCIPAL, PIN - 673315 4 THE PRINCIPAL MALABAR MEDICAL COLLEGE & RESEARCH CENTRE, MODAKKALLUR, ATHOLI, CALICUT, PIN - 673315 5 KERALA STATE MEDICAL COUNCIL REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD, THIRUVANANTHAPURAM, PIN - 695035 BY ADVS. P.SREEKUMAR VINOD BHAT S N. RAGHURAJ ANAGHA LAKSHMY RAMAN(K/000767/2015) GREESHMA CHANDRIKA.R(K/807/2020)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C.P., J.
--------------------- W.P.(C) No. 2021 of 2024 --------------------------- Dated this the 1st day of February, 2024
JUDGMENT
The petitioner is the mother of Elsa Dunston.S, who completed the M.B.B.S. graduation (2019 batch) from the third respondent medical college from September 2012 to February 2018 and thereafter carried out the internship/ house surgency from the General Hospital, Ernakulam, from 15/08/2018 to 28/08/2019. These details are seen from the course completion certificate dated 20/07/2022, issued by the third respondent college in favour of the petitioner's daughter. Petitioner submits that in
order to pursue her higher studies, a verification under the behest of the
Educational Commission for Foreign Medical Graduates (ECFMG) is to be completed with the cooperation of the third respondent College within the time frame mentioned in Ext.P7. It is on the basis of the above submissions that a prayer has been made to direct respondents 3 and 4 to provide adequate verification particulars, with regard to the medical course qualifications obtained by the daughter of the petitioner, Elsa Dunston, D/o.Dunston.S., from the third respondent College to the ..3.. Educational Commission for Foreign Medical Graduates (ECFMG) authorities within a reasonable time frame.
2. The college has filed an affidavit stating that they have
already issued the course completion certificate to the petitioner. It is also stated that she has completed her house surgency/ internship from another institution, namely General Hospital, Ernakulam. Therefore, the college will be able to verify the documents related to her internship completion certificate. However, Ext.P1 shows all the details of the course undergone in the third respondent College. Under such circumstances, there will be a direction to respondents 3 and 4 to provide the verification particulars with respect to the medical course qualifications obtained by the daughter of the petitioner Elsa Dunston to the Educational Commission for Foreign Medical Graduates (ECFMG) authorities within a week from today. The writ petition is allowed as above. Sd/- MOHAMMED NIAS C.P. JUDGE APA ..4.. APPENDIX OF WP(C) 2021/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 13-12-2022 ISSUED BY THE 5TH RESPONDENT Exhibit P2 A TRUE COPY OF THE INTERIM ORDER DATED 06-02-2019 IN WP(C) NO. 36871/2018 Exhibit P3 A TRUE COPY OF THE COMPULSORY ROTATORY
RESIDENTIAL INTERNSHIP CERTIFICATE DATED 09-10- 2019 ISSUED IN THE NAME OF THE DAUGHTER BY THE COMPETENT AUTHORITIES AT THE GENERAL HOSPITAL, ERNAKULAM Exhibit P4 A TRUE COPY OF THE COURSE COMPLETION CERTIFICATE DATED 20-07-2022 ISSUED BY THE PRINCIPAL OF THE 3RD RESPONDENT COLLEGE Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 26- 11-2019 IN WP© NO. 36871/2018, WP(C) NO38935/2017, WP(C) NO.1778/2018 , WP(C) NO. 39287/2018 AND RP NO.
Exhibit P6 A TRUE COPY OF EMAIL COMMUNICATION DATED 05-10-2023 ISSUED BY ONLINE [email protected] TO THE DAUGHTER'S EMAIL ID Exhibit P7 A TRUE COPY OF THE EMAIL COMMUNICATION DATED 21-11-2023 ISSUED BY THE EPIC INFO TO THE DAUGHTER Exhibit P8 A TRUE COPY OF THE EMAIL COMMUNICATION DATED 29-10-2023 MADE BY THE DAUGHTER TO THE AUTHORITIES UNDER THE 3RD RESPONDENT Exhibit P9 A TRUE COPY OF THE EMAIL COMMUNICATION DATED 09-11-2023 MADE BY THE DAUGHTER TO THE AUTHORITIES UNDER THE 3RD RESPONDENT ..5.. Exhibit P10 A TRUE COPY OF THE EMAIL COMMUNICATION DATED 29-11-2023 ISSUED BY THE AUTHORITIES UNDER THE 3RD RESPONDENT TO THE DAUGHTER Exhibit P11 A TRUE COPY OF THE EMAIL COMMUNICATION DATED 18-12- 2023 ISSUED BY THE DAUGHTER TO THE AUTHORITIES UNDER THE 3RD RESPONDENT Exhibit P12 A TRUE COPY OF THE EMAIL COMMUNICATION DATED 20-12-2023 ISSUED BY THE DAUGHTER TO THE 2ND RESPONDENT