Dr. Ranjit Kumar. P vs Ethics and Medical Registration Board, National Medical Commission, Represented by Its President

Type Court Judgment Court Kerala Decided Dec 08, 2023

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https://sooperkanoon.com/case/1384363

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Citation: sooperkanoon.com/1384363
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Dec 08, 2023
Case Number: WP(C)/28634/2022

Parties & Advocates

Appellant / Petitioner

Dr. Ranjit Kumar. P

Respondent

Ethics and Medical Registration Board, National Medical Commission, Represented by Its President

Excerpt

.....the petitioners, submitted that, on account of the impugned draft regulation, particularly, clause 4 thereof, their rights under the “national commission for indian system of medicine act, 2020” and “national commission for homeopathy act, 2020” are attempted to be taken away; and that this is illegal and unlawful because, only respondents 4 and 5 have any such power under the respective legislations. he, therefore, asserted that clause 4(f) of the ‘draft regulation’ is contrary to the “national medical commission act, 2019”.3. however, when this matter was calledtoday, the learned standing counsel for the national medical commission (nmc) - sri.titus mani vettom, submitted that through a new notification issued by his client, bearing no.r- called the “national medical commission registered medical practitioners (professional conduct) (amendment) regulations, 2023”, the earlier “indian medical council (professional conduct, etiquette and ethics) regulations, 2002” has been revived. he submitted that, therefore, the petitioners need not have any further apprehension.4. sri.vipin p.varghese - learned counselfor the petitioners, confirmed that if the afore notification has been issued by the nmc, then his client could not require any relief in this writ petition. in the afore circumstances, recording the submissions of sri.titus mani vettom, that the notification dated 23.08.2023 has already been published and put into effect; thus reviving the regulations of the year, 2022, this writ petition is closed. i, however, make it clear that i have not entered into the merits of any other rival contentions and all of them are left open to be impelled and pursued by the petitioners in future, if it becomes so warranted. sd/- devan ramachandran judge sas appendix of wp(c) 28634/2022 petitioner exhibits exhibit1 the true copy of the certificate of registration in modern medicine issued by the travancore-cochin medical council dated 24.03.2012.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945 PETITIONERS: 1 DR. RANJIT KUMAR. P, AGED 59 YEARS S/O.THK WARRIER, CHEMBRA HOUSE, NEAR KINASSERY SIVA TEMPLE, GURUVAYURAPPAN COLLEGE, KOZHIKODE, KERALA- 673014 2 DR. R.S DINESH, AGED 50 YEARS, PEARL GARDEN NO.7, THAMALAM, POOJAPPURA P.O, THIRUVANANTHAPURAM, KERALA- 695012. BY ADVS. VIPIN P.VARGHESE ADARSH MATHEW KEVIN MATHEW GEORGE MEERA ELSA GEORGE MERLINE MATHEW RESPONDENTS:
1 ETHICS AND MEDICAL REGISTRATION BOARD, NATIONAL MEDICAL COMMISSION, POCKET- 14, SECTOR - 8, DWARKA PHASE -1, NEW DELHI - 110077, INDIA 2 NATIONAL MEDICAL COMMISSION, POCKET- 14, SECTOR - 8, DWARKA PHASE -1, NEW DELHI - 110077, INDIA 3 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, ROOM NO. 348; 'A' WING, NIRMAN BHAVAN, NEW DELHI-110011., 4 NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AVAM HOMOEOPATHY ANUSANDHAN BHAWAN, 61-65, INSTITUTIONAL AREA, JANAKPURI "D" BLOCK, NEW DELHI-110058,REPRESENTED BY ITS CHAIRPERSON. 5 NATIONAL COMMISSION FOR HOMOEOPATHY, 61-65, INSTITUTIONAL AREA, OPP. 'D' BLOCK, JANAK PURI, NEW DELHI- 110058, REPRESENTED BY ITS CHAIRPERSON BY ADV TITUS MANI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners seek that respondents 1 and 2 be directed to hold a public hearing to consider objections from the “General Public” on Ext.P8 representation made by them.

2. Sri.Vipin P.Varghese - learned counsel

for the petitioners, submitted that, on account of the impugned Draft Regulation, particularly, Clause 4 thereof, their rights under the “National Commission for Indian System of Medicine Act, 2020” and “National Commission for Homeopathy Act, 2020” are attempted to be taken away; and that this is illegal and unlawful because, only respondents 4 and 5 have any such power under the respective legislations. He, therefore, asserted that Clause 4(F) of the ‘Draft Regulation’ is contrary to the “National Medical Commission Act, 2019”.

3. However, when this matter was called

today, the learned Standing Counsel for the National Medical Commission (NMC) - Sri.Titus Mani Vettom, submitted that through a new notification issued by his client, bearing No.R- called the “National Medical Commission Registered Medical Practitioners (Professional Conduct) (Amendment) Regulations, 2023”, the earlier “Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002” has been revived. He submitted that, therefore, the petitioners need not have any further apprehension.

4. Sri.Vipin P.Varghese - learned counsel

for the petitioners, confirmed that if the afore notification has been issued by the NMC, then his client could not require any relief in this writ petition. In the afore circumstances, recording the submissions of Sri.Titus Mani Vettom, that the notification dated 23.08.2023 has already been published and put into effect; thus reviving the Regulations of the year, 2022, this writ petition is closed. I, however, make it clear that I have not entered into the merits of any other rival contentions and all of them are left open to be impelled and pursued by the petitioners in future, if it becomes so warranted. Sd/- DEVAN RAMACHANDRAN JUDGE SAS APPENDIX OF WP(C) 28634/2022 PETITIONER EXHIBITS Exhibit1 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN MODERN MEDICINE ISSUED BY THE TRAVANCORE-COCHIN MEDICAL COUNCIL DATED 24.03.2012 Exhibit2 THE TRUE COPY OF THE CERTIFICATE OF

REGISTRATION IN AYURVEDIC MEDICINE ISSUED BY THE TRAVANCORE-COCHIN COUNCIL OF INDIGENOUS MEDICINE DATED 23.04.1988

Exhibit3 THE TRUE COPY OF DEGREE CERTIFICATE ISSUED BY THE FACULTY OF MEDICINE, KERALA UNIVERSITY OF HEALTH SCIENCES. Exhibit4 THE TRUE COPY OF CERTIFICATE OF REGISTRATION IN MODERN MEDICINE ISSUED BY THE TRAVANCORE- COCHIN MEDICAL COUNCIL DATED 08.12.2011 Exhibit5 THE TRUE COPY OF CERTIFICATE OF REGISTRATION IN HOMEOPATHIC MEDICINE ISSUED BY THE TRAVANCORE-COCHIN MEDICAL COUNCIL DATED 05.08.2021 Exhibit6 THE TRUE COPY OF THE NATIONAL MEDICAL COMMISSION, REGISTERED MEDICAL PRACTITIONER (PROFESSIONAL CONDUCT) REGULATIONS 2022 Exhibit7 THE TRUE COPY OF THE NOTICE F.NO.12013/01/2022/ETHICS DATED 23.05.2022 Exhibit8 THE TRUE COPY OF EMAIL DATED 20.06.2022 SUBMITTED BY THE PETITIONERS VIA THEIR UNREGISTERED ASSOCIATION IAIMR INDIA TO THE 1ST RESPONDENT Exhibit9 PRODUCED HEREWITH AND MARKED AS EXHIBIT P8.

THE TRUE COPY OF EMAIL DATED 20.06.2022 SUBMITTED TO SHRI NARENDRA MODI, THE PRIME MINISTER OF INDIA Exhibit10 THE TRUE COPY OF UNDATED EMAIL SUBMITTED TO THE CHIEF MINISTER OF KERALA Exhibit11 THE TRUE COPY OF EMAIL DATED 14.07.2022 SUBMITTED TO ADDITIONAL CHIEF SECRETARY

Same Court & Year Kerala · 2023 Same Parties Dr. Ranjit Kumar. P vs Ethics and Medical Registration Board,... Same Judge Honourable Mr. Justice Devan Ramachandran