Ahamed Kunju Badar Vs. Medical Council of India - Court Judgment

SooperKanoon Citationsooperkanoon.com/1012599
CourtKerala High Court
Decided OnDec-19-2012
JudgeHONOURABLE MR.JUSTICE P.N.RAVINDRAN
AppellantAhamed Kunju Badar
RespondentMedical Council of India
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.n.ravindran wednesday, the 19th day of december 2012 28th agrahayana 193 wp(c).no. 8887 of 2012 (i) -------------------------- petitioner(s): ------------- ahamed kunju badar, star view, payikuzhi, ochira kollam-690 526. by adv. smt.s.jasmine respondent(s): -------------- 1. medical council of india represented by its secretary, pocket 14 sector 8 dwaraka phase-1, new delhi-110 075.2. the travancore cochin medical council represented by its registrar, red cross road thiruvananthapuram-695 035. r1 by adv. sri.alexander thomas, sc, mci r2 by adv. sri.n.raghuraj, sc, tcmc r3 & r4 by adv. sri.p.parameswaran nair, asg of india this writ petition (civil) having been finally heard on 19-12-2012, the court on the same day delivered the following: wp(c).no. 8887 o”2. appendix petitioner's exhibits: ext.p1: copy of the english translation of certificate dated 25 6.2001 issued by the st.peterburg state medical university. ext.p2: copy of the relevant page of list of institutions recognized by the mci. ext.p3: copy of the reply sent by the 1st respondent on 7.11.2011. ext.p4: copy of the certificate dated 13 10.2005 issued by national board of examinations. ext.p5: copy of the judgment of honourable supreme court. ext.p6: copy of the judgment in wpc 8500/08. ext.p7: copy of the judgment in wpc 33587/2007. ext.p8: copy of the certificate dated 3 9.2011 issued by the superintendent of district hospital, kollam. ext.p9: copy of the certificate issued by the 1st respondent 19 1.2011. ext.p10: copy of the application dated 12 9.2011 submitted before mci. ext.p11: copy of the postal receipt issued by speed post wing of postal department. ext.p12: copy of the representation dated 14 3.2012 send by the petitioner to the 1st respondent. ext.p13: copy of the application sent by the petitioner to the 2nd respondent. ext.p14: copy of e-mail sent by the vice rector to the petitioner. ext.p15: copy of the certificate confirming the authenticity of the document as a qualified medical doctor. ext.p16: copy of e-mail sent by the consulate general of india to this petitioner. wp(c).no. 8887 o”3. respondent's exhibits: ext.r-1(a): copy of letter dated 29 3.2011 of mci sent to consulate general of indian embassy in russia. ext.r-1(b): copy of letter dated 3 11.2011 of mci sent to consulate general of indian embassy in russia. ext.r-1(c): copy of letter dated 3 12.2012 of mci sent to consulate general of indian embassy in russia. ext.r-1(d): copy of letter dated 9 4.2012 of mci sent to consulate general of indian embassy in russia. ext.r-1(e): copy of letter dated 8 5.2012 of mci sent to consulate general of indian embassy in russia. ext.r-1(f): copy of letter dated 11 9.2012 of mci sent to consulate general of indian embassy in russia. /true copy/ p.a. to judge vpv p.n.ravindran, j.------------------------------- w.p.(c) no.8887 of 2012 ----------------------------------- dated this the 19th day of december, 2012 judgment the petitioner underwent medical education in st.petersburg state medical university. this writ petition is filed for an order directing the respondents to grant permanent registration to the petitioner under the provisions contained in the indian medical council act, 1956 and the regulations framed thereunder so as to enable the petitioner to practice as a medical practitioner in india. it is stated that though provisional registration was granted subject to confirmation of the authenticity and genuineness of the qualification possessed by the petitioner and the petitioner has successfully undergone internship, till date permanent registration has not been grated to him. when the writ petition came up for hearing today, sri.alexander thomas, learned counsel appearing for the medical council of india submitted that the consulate general of india in st.petersburg has confirmed the authenticity and genuineness of the qualifications possessed by the petitioner and has also verified the marks awarded to him and that the petitioner's application for permanent registration has been placed before the competent authority for consideration and is under consideration. sri.p.parameswaran nair, learned assistant w.p.(c) no.8887 o”2. solicitor general of india submitted with reference to instructions issued by the consulate general of india by fax that the st.petersburg state medical university has confirmed the authenticity and genuineness of the degree awarded to the petitioner and the communication in that regard was sent to the medical council of india by fax and e mail. it is not in dispute that the authenticity and genuineness of the mark sheet and the degree awarded to the petitioner was verified by the consulate general of india in st.petersburg. in such circumstances, i dispose of the writ petition with a direction to the competent authority in the medical council of india to grant permanent registration to the petitioner in accordance with the relevant regulations, expeditiously and in any event within an outer limit of one month from the date on which the petitioner produces a certified copy of this judgment to the secretary of the medical council of india. sd/- p.n.ravindran judge /true copy/ p.a. to judge vpv
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 19TH DAY OF DECEMBER 2012 28TH AGRAHAYANA 193 WP(C).No. 8887 of 2012 (I) -------------------------- PETITIONER(S): ------------- AHAMED KUNJU BADAR, STAR VIEW, PAYIKUZHI, OCHIRA KOLLAM-690 526. BY ADV. SMT.S.JASMINE RESPONDENT(S): -------------- 1. MEDICAL COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY, POCKET 14 SECTOR 8 DWARAKA PHASE-1, NEW DELHI-110 075.

2. THE TRAVANCORE COCHIN MEDICAL COUNCIL REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD THIRUVANANTHAPURAM-695 035. R1 BY ADV. SRI.ALEXANDER THOMAS, SC, MCI R2 BY ADV. SRI.N.RAGHURAJ, SC, TCMC R3 & R4 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8887 o”

2. APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ENGLISH TRANSLATION OF CERTIFICATE DATED 25 6.2001 ISSUED BY THE ST.PETERBURG STATE MEDICAL UNIVERSITY. EXT.P2: COPY OF THE RELEVANT PAGE OF LIST OF INSTITUTIONS RECOGNIZED BY THE MCI. EXT.P3: COPY OF THE REPLY SENT BY THE 1ST RESPONDENT ON 7.11.2011. EXT.P4: COPY OF THE CERTIFICATE DATED 13 10.2005 ISSUED BY NATIONAL BOARD OF EXAMINATIONS. EXT.P5: COPY OF THE JUDGMENT OF HONOURABLE SUPREME COURT. EXT.P6: COPY OF THE JUDGMENT IN WPC 8500/08. EXT.P7: COPY OF THE JUDGMENT IN WPC 33587/2007. EXT.P8: COPY OF THE CERTIFICATE DATED 3 9.2011 ISSUED BY THE SUPERINTENDENT OF DISTRICT HOSPITAL, KOLLAM. EXT.P9: COPY OF THE CERTIFICATE ISSUED BY THE 1ST RESPONDENT 19 1.2011. EXT.P10: COPY OF THE APPLICATION DATED 12 9.2011 SUBMITTED BEFORE MCI. EXT.P11: COPY OF THE POSTAL RECEIPT ISSUED BY SPEED POST WING OF POSTAL DEPARTMENT. EXT.P12: COPY OF THE REPRESENTATION DATED 14 3.2012 SEND BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P13: COPY OF THE APPLICATION SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P14: COPY OF E-MAIL SENT BY THE VICE RECTOR TO THE PETITIONER. EXT.P15: COPY OF THE CERTIFICATE CONFIRMING THE AUTHENTICITY OF THE DOCUMENT AS A QUALIFIED MEDICAL DOCTOR. EXT.P16: COPY OF E-MAIL SENT BY THE CONSULATE GENERAL OF INDIA TO THIS PETITIONER. WP(C).No. 8887 o”

3. RESPONDENT'S EXHIBITS: EXT.R-1(a): COPY OF LETTER DATED 29 3.2011 OF MCI SENT TO CONSULATE GENERAL OF INDIAN EMBASSY IN RUSSIA. EXT.R-1(b): COPY OF LETTER DATED 3 11.2011 OF MCI SENT TO CONSULATE GENERAL OF INDIAN EMBASSY IN RUSSIA. EXT.R-1(c): COPY OF LETTER DATED 3 12.2012 OF MCI SENT TO CONSULATE GENERAL OF INDIAN EMBASSY IN RUSSIA. EXT.R-1(d): COPY OF LETTER DATED 9 4.2012 OF MCI SENT TO CONSULATE GENERAL OF INDIAN EMBASSY IN RUSSIA. EXT.R-1(e): COPY OF LETTER DATED 8 5.2012 OF MCI SENT TO CONSULATE GENERAL OF INDIAN EMBASSY IN RUSSIA. EXT.R-1(f): COPY OF LETTER DATED 11 9.2012 OF MCI SENT TO CONSULATE GENERAL OF INDIAN EMBASSY IN RUSSIA. /TRUE COPY/ P.A. TO JUDGE VPV P.N.RAVINDRAN, J.

------------------------------- W.P.(C) No.8887 of 2012 ----------------------------------- Dated this the 19th day of December, 2012 JUDGMENT The petitioner underwent medical education in St.Petersburg State Medical University. This writ petition is filed for an order directing the respondents to grant permanent registration to the petitioner under the provisions contained in the Indian Medical Council Act, 1956 and the Regulations framed thereunder so as to enable the petitioner to practice as a medical practitioner in India. It is stated that though provisional registration was granted subject to confirmation of the authenticity and genuineness of the qualification possessed by the petitioner and the petitioner has successfully undergone internship, till date permanent registration has not been grated to him. When the writ petition came up for hearing today, Sri.Alexander Thomas, learned counsel appearing for the Medical Council of India submitted that the Consulate General of India in St.Petersburg has confirmed the authenticity and genuineness of the qualifications possessed by the petitioner and has also verified the marks awarded to him and that the petitioner's application for permanent registration has been placed before the competent authority for consideration and is under consideration. Sri.P.Parameswaran Nair, learned Assistant W.P.(C) No.8887 o”

2. Solicitor General of India submitted with reference to instructions issued by the Consulate General of India by fax that the St.Petersburg State Medical University has confirmed the authenticity and genuineness of the degree awarded to the petitioner and the communication in that regard was sent to the Medical Council of India by fax and e mail. It is not in dispute that the authenticity and genuineness of the mark sheet and the degree awarded to the petitioner was verified by the Consulate General of India in St.Petersburg. In such circumstances, I dispose of the writ petition with a direction to the competent authority in the Medical Council of India to grant permanent registration to the petitioner in accordance with the relevant regulations, expeditiously and in any event within an outer limit of one month from the date on which the petitioner produces a certified copy of this judgment to the Secretary of the Medical Council of India. Sd/- P.N.RAVINDRAN JUDGE /True copy/ P.A. to Judge vpv