Kerala High Court
WP(C)/8932/2012 of YOONUS KUNJU MYTHEEN KUNJU SHIBNU Vs MEDICAL COUNCIL OF INDIA on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 8932 of 2012 (N) -------------------------- PETITIONER(S) : --------------------- YOONUS KUNJU MYTHEEN KUNJU SHIBNU, AGED 37 YEARS, M.M.MANZIL,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 8932 of 2012 (N)
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PETITIONER(S) :
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YOONUS KUNJU MYTHEEN KUNJU SHIBNU, AGED 37 YEARS, M.M.MANZIL, PAYIKUZHI, OCHARA, KOLLAM.690 526.
BY ADV. SMT.S.JASMINE
RESPONDENT(S) :
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1. MEDICAL COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR 8 DWARAKA PHACE-1, NEW DELHI-110 075. REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR 8 DWARAKA PHACE-1, NEW DELHI-110 075.
2. THE TRAVANCORE COCHIN MEDICAL COUNCIL REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD THIRUVANANTHAPURAM.695 035. REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD THIRUVANANTHAPURAM.695 035.
ADDL. R3 & ADDL.R4 IMPLEADED VIDE SIDE LEAF
Addl.R3. CONSULATE GENERAL OF INDIA 191123, ST.PETERS BURG, RYLEVA STREET-35 ST.PETERS BURG, RUSSIAN FEDERATION. 191123, ST.PETERS BURG, RYLEVA STREET-35 ST.PETERS BURG, RUSSIAN FEDERATION.
Addl.R4. UNION OF INDIA, REP. BY SECRETARY MINISTRY OF EXTERNAL AFFAIRS (EDUCATION-FOREIGN WING) NEW DELHI - 110 011.
ADDL. R3 & R4 ARE IMPLEADED AS PER ORDER DATED 10/10/2012 IN IA NO.13663/2012.
R1 BY ADV. SRI.ALEXANDER THOMAS, SC, MEDICAL CONCIL OF INDIA BY ADV. SRI.N.RAGHURAJ, SC, TRAVANCORE COCHIN MEDICAL COUNCIL BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BP
WP(C).No. 8932 of 2012 (N)
APPENDIX
PETITIONER(S) EXHIBITS :
EXHIBIT P1- TRUE COPY OF THE ENGLISH TRANSLATION OF CERTIFICATE DATED 25.06.2001 ISSUED BY THE ST.PETERSBURG STATE MEDICAL UNIVERSITY. 25.06.2001 ISSUED BY THE ST.PETERSBURG STATE MEDICAL UNIVERSITY.
EXHIBIT P2- TRUE COPY OF THE RELEVANT PAGE OF LIST OF INSTITUTIONS RECOGNIZED BY THE MCI. RECOGNIZED BY THE MCI.
EXHIBIT P3- TRUE COPY OF THE REPLY SEND BY THE IST RESPONDENT ON 7.11.2001.
EXHIBIT P4- TRUE COPY OF THE CERTIFICATE DATED 05.04.2006 ISSUED BY NATIONAL BOARD OF EXAMINATIONS. BOARD OF EXAMINATIONS.
EXHIBIT P5- TRUE COPY OF THE JUDGMENT OF HON'BLE SUPREME COURT.
EXHIBIT P6- TRUE COPY OF THE JUDGMENT IN WP(C)8500/08.
EXHIBIT P7- TRUE COPY OF THE PROVISIONAL REGISTRATION CERTIFICATE ISSUED BY THE IST RESPONDENT DATED 15.12.2010.
EXHIBIT P8- TRUE COPY OF THE JUDGMENT IN W.P.NO.25694/2010.
EXHIBIT P9- TRUE COPY OF THE CERTIFICATE DATED 16.01.2012 ISSUED BY SUPERINTENDENT, DISTRICT HOSPITAL, KOLLAM. SUPERINTENDENT, DISTRICT HOSPITAL, KOLLAM.
EXHIBIT P10- TRUE COPY OF THE APPLICATION DATED 18.01.2012 SUBMITTED BEFORE MCI. BEFORE MCI.
RESPONDENTS' EXHIBITS :
EXT.1(a):COPY OF LETTER DT 29/3/2011 OF MCI SENT TO CONSULATE GENERAL OF INDIAN EMBASSY IN RUSSIA.OF INDIAN EMBASSY IN RUSSIA.
EXT.R1(b):COPY OF LETTER DT 8/5/2012 OF MCI SENT TO CONSULATE GENERAL OFINDIAN EMBASSY IN RUSSIA.INDIAN EMBASSY IN RUSSIA.
EXT.R1(c):COPY OF LETTER DT 11/09/2012 OF MCI SENT TO CONSULATE GENERAL OF INDIAN EMBASSY IN RUSSIA.
//TRUE COPY//
BP
P.A. TO JUDGE
P.R.RAMACHANDRA MENON, J.
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W.P.(C) NO. 8932 of 2012 (N)---------------------------------------- Dated this the 31[st] day of December, 2012
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JUDGMENT
The petitioner is stated as aggrieved of the non-granting ofpermanent registration to the petitioner, to practice as a MedicalPractitioner. When the matter came up for consideration beforethis Court on 20.11.2012 the following interim order waspassed:-
“Heard the parties. The petitioners are mainly seeking for adirection to get permanent registration to practice as MedicalPractitioners. The petitioners have qualification of Medical Doctorsin the speciality of General Medicine in St. Petersburg State MedicalUniversity. In the affidavit filed by the first respondent in W.P.(C).No. 8887 of 2012, it is stated that the authenticity of thepetitioner's foreign medical qualification is yet to be verified. TheMedical Council of India has sent a letter dated 29.3.2011 to theConsulate General of India for confirmation of the authenticity ofthe document. A reminder in this regard was sent on 3.11.2011and subsequent reminders were sent on 3.2.2012, 9.4.2012,8.5.2012 and 11.9.2012, which have been produced as Exts. R1(a)to R1(f). It is stated that no response has been received from theConsulate General.
2. It is also stated that the petitioner's application forpermanent registration will be further processed after receivingconfirmation from the Indian Embassy in Russian Federation.
3. The learned Assistant Solicitor General submitted that so farno information has been furnished by additional 3[rd] and 4[th]
respondents. In the light of the above, there will be a direction tothe additional 4[th] respondent to get details from the additional 3[rd]respondent with regard to the Medical Degree obtained by thepetitioners and get confirmation from the Medical Council of Indiawithout further delay in view of the urgency shown by thepetitioners. The order will be communicated by the petitioners aswell as by Assistant Solicitor General. Post after three weeks.
Hand over copy to both sides.”
2. Today, when the matter is taken for furtherconsideration, the learned counsel appearing for the CentralGovernment submits that the certificates of petitioner havealready been verified and necessary communication has beensent to the Medical Council of India, by way of 'e-mail' and alsoby 'fax', followed by a 'hard copy' forwarded through 'diplomaticbag' on 10.12.2012. The learned counsel for the petitionersubmits that in similar circumstance, a positive direction hasalready been given by this Court as per judgment dated19.12.2012 in W.P.(C) No. 8887/2012, directing the MedicalCouncil of India to grant necessary certificates to the petitioner.
3. Heard the learned Standing Counsel appearing forMedical Council of India as well.
4. In the above facts and circumstances, there will be a direction to the 1[st] respondent to issue necessary certificate tothe petitioner as sought for, in accordance with law, at theearliest, at any rate, within 'four' weeks, from the date of receiptof a copy of the judgment.
Writ petition is disposed of.
P.R.RAMACHANDRA MENON, JUDGE
DCS