Dr. Justine Stanley v. The National Medical Commission and Kerala State Medical Councils (formerly Travancore Cochin Medical Council) - WP(C) No. 18300 of 2022

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 6[TH] DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944** ## **WP(C) NO. 18300 OF 2022** ## **PETITIONER/S:** DR. JUSTINE STANLEY AGED 39 YEARS S/O. STANISLAVOSE K.V, ANNA FLATS, FLAT NO. 10C, TRAMWAY ROAD, WARD -21 CHALAKUDY, THRISSUR DISTRICT, PIN CODE - 680307. BY ADV KAVERY S THAMPI ## **RESPONDENT/S:** 1 THE NATIONAL MEDICAL COMMISSION (FORMERLY KNOWN AS MEDICAL COUNCIL OF INDIA) POCKET 14, SECTOR 8, DWARAKA, NEW DELHI - 110077, REPRESENTED BY ITS SECRETARY. 2 THE TRAVANCORE COCHIN MEDICAL COUNCIL RED CROSS ROAD, THIRUVANANTHAPURAM-695035, REPRESENTED BY ITS REGISTRAR.*(CORRECTED) * NAME OF R2 CORRECTED AS KERALA STATE MEDICAL COUNCILS(FORMERLY KNOWN AS THE TRAVANCORE COCHIN MEDICAL COUNCIL)" THIRUVANANTHAPURAM-695035, REPRESENTED BY ITS REGISTRAR. (NAME OF R2 CORRECTED AS PER THE ORDER DATED 10-06-2022 IN IA 1/2022). BY ADV N.RAGHURAJ **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION** **ON 06.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.18300 of 2022 -2- ## **JUDGMENT** Dated this the 06[th] day of December, 2023 Petitioner is a doctor by profession. He completed his Master Physician Course/M.D Physician from Plovdiv Medical University, Bulgaria. According to the petitioner, his Master Physician's Degree is equivalent to the Bachelor of Medicine and Bachelor of Surgery (MBBS) qualification in India. After completing the Master Physician Course in the year 2008, petitioner completed one year internship at the Plovdiv Medical University in the year 2008-2009. Thereby, the petitioner acquired the Primary Medical Qualification as defined under Section 2(f) of the Screening Test Regulations, 2002. For the purpose of securing permanent registration as a medical practitioner in India, petitioner cleared the screening test conducted W.P.(C) No.18300 of 2022 -3- by the National Board of Education in the year 2016. As the petitioner was preparing for his post graduate exams at Delhi during that time, he applied for permanent registration from the Delhi Medical Council and was issued with Ext.P3 certificate dated 20.06.2018. Thereafter, the petitioner shifted to Kerala and applied for permanent registration with the second respondent, since persons possessing recognised medical qualification are bound to register with the respective State Medical Council within the jurisdiction of which they intend to practice. To the petitioner's dismay, the second respondent issued Ext.P6 communication informing that, for getting permanent registration, the petitioner should undergo one year internship in any recognised University in India, apart from the internship he had completed in Bulgaria. As it is impossible for the petitioner to undergo internship after being issued permanent W.P.(C) No.18300 of 2022 -4- registration by the Delhi Medical Council, this writ petition is filed seeking the following reliefs; _“i) issue a writ of mandamus or other appropriate writ, direction or order directing the 2 respondent to permit the petitioner to apply for the permanent registration, and to grant permanent registration to the petitioner without insisting to Compulsory Rotatory Residential Internship (CRRI);_ _ii) To declare that the stipulation by 2 respondent that petitioner need to undergo Compulsory Rotatory Residential Internship [CRRI] from recognized university in India is illegal and unsustainable;_ _ii(a) To issue a writ of certiorari or any other appropriate writ order or direction, calling for the Original of Ext P6 and quash the same;_ _ii(b). To issue a writ of certiorari or any other appropriate writ, order or direction, calling for the Original of Ext P7 to the extent it applies to petitioner and quash the same; to grant such other reliefs as this Honourable Court ma deem just and_ W.P.(C) No.18300 of 2022 -5- _proper in the circumstances of the case._ _iv) Allow the writ petition (civil)”_ 2. Learned Counsel for the petitioner contended that the issue is covered by the decision in _**Sadhiya Siyad v. State of Kerala [2021 (6) KLT 94],**_ and the judgment in _**Sreeraj**_ _**SB and others** v_ . _**Kerala State Medical Council and**_ _**another**_ (WP(C) No. 26617 of 2022). In the aforementioned decisions, it is categorically held that the State Medical Council is bound to act in terms of the directives issued by the National Medical Commission. After referring to the National Medical Commission (Foreign Medical Graduates Licentiate) Regulations, 2021 and the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021, this Court held that those Foreign Medical Graduates who had acquired their qualification before 18.11.2021 ## W.P.(C) No.18300 of 2022 -6- are entitled for permanent registration, if they have done their internship from the same country and their qualification is recognised by that country. According to the Counsel, the said finding is squarely applicable to the petitioner's case as he had acquired his qualification before 18.11.2021 and his qualification is recognised in Bulgaria. In this regard, reference is made to Ext.P9 certificate, which is to the effect that the qualification, diploma holder, confers the right to practice as a general practitioner/doctor at the pre-clinical health centres as doctor at a clinic under the guidance of a specialist doctor and research work at the pre-clinical and theoretical departments. Attention is also drawn to Ext.P10 issued by the Ministry of Foreign Affairs, Republic of Bulgaria, confirming the authenticity of the higher education diploma granted to Justin Stanley, an Indian citizen, by the University of W.P.(C) No.18300 of 2022 -7- Plovdiv. 3. Learned Standing Counsel for the Kerala State Medical Council referred to Ext.R2(f) circular issued by the Medical Council of India, the predecessor of the first respondent, prescribing the procedure for grant of provisional/permanent registration by the State Council to Indian citizens who have obtained primary medical qualification (MBBS or its equivalent) from a country outside India. It is pointed out that the essential condition is that the Foreign Medical qualification obtained by the applicant should be recognised for enrollment as medical practitioner in that country and confirmation in that regard should be obtained from the Indian Embassy in that country. It is contended that in the absence of pleadings and proof that the medical degree obtained by the petitioner and the internship undergone by him at Bulgaria qualifies the petitioner for practice of W.P.(C) No.18300 of 2022 -8- medicine in Bulgaria, he cannot aspire for permanent registration on the rolls of the State Medical Council. 4. As held by this Court in _**Sadhiya Siyad**_ (supra)and followed in _**Sreerag S.B** (supra)_ , the State Medical Council is bound to act in terms of the directives issued by the National Medical Commission. The directions, as far as the instant case is concerned, is the National Medical Commission (Foreign Medical Graduates Licentiate) Regulations, 2021 and the National Medical Commission(Compulsory Rotating Medical Internship) Regulations, 2021. Even going by those directives for getting permanent registration, the petitioner should convince the State Medical Council that his primary qualification entitles him to practice medicine in Bulgaria. The documents produced by the petitioner does not clearly spell out that W.P.(C) No.18300 of 2022 -9- aspect. The writ petition is hence disposed of, directing the second respondent to permit the petitioner to apply for permanent registration and to process the application for registration, without insisting on the petitioner undergoing CRRI, if the petitioner is able to produce documents to substantiate the claim that his qualification is recognised as sufficient qualification for enrollment as a medical practitioner in Bulgaria. Sd/- **V.G.ARUN JUDGE** Scl/ W.P.(C) No.18300 of 2022 -10- ## **APPENDIX OF WP(C) 18300/2022** PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE CERTIFICATE FOR| |---|---| ||COMPLETION OF ONE YEAR OF INTERNSHIP| ||AT PLOVDIV MEDICAL UNIVERSITY DATED| ||22.01.2016| |Exhibit P2|TRUE COPY OF THE PASS CERTIFICATE| ||ISSUED TO THE PETITIONER BY THE| ||NATIONAL BOARD OF EXAMINATIONS AS PART| ||OF SCREENING TEST FOR FOREIGN MEDICAL| ||GRADUATES DATED 9.7.2016| |Exhibit P3|TRUE COPY OF THE CERTIFICATE OF| ||REGISTRATION ISSUED TO THE PETITIONER| ||FROM DELHI MEDICAL COUNCIL DATED| ||20.06.2018.| |Exhibit P4|TRUE COPY OF LIST I OF FOREIGN MEDICAL| ||GRADUATES ISSUED WITH PROVISIONAL| ||REGISTRATION NUMBER PUBLISHED BY THE| ||2ND RESPONDENT.| |Exhibit P5|TRUE COPY OF THE JUDGMENT REPORTED IN| ||2021(6) KLT 94 [ SADHIYA SIYAD VS| ||STATE OF KERALA AND OTHERS]| |Exhibit P6|TRUE COPY OF THE COMMUNICATION ISSUED| ||BY THE REGISTRAR OF TRAVANCORE COCHIN| ||MEDICAL COUNCIL TO THE PETITIONER| ||DATED 24/9/2019| |Exhibit P7|TRUE COPY OF THE ORDER BEARING NO.C2-| ||2698/2020/PROVISIONAL/M.C./F DATED| ||17/8/2020 ISSUED BY THE REGISTRAR OF| ||TRAVANCORE COCHIN MEDICAL COUNCIL, THE| ||PREDECESSOR TO 2ND RESPONDENT.| |Exhibit P8|TRUE COPY OF THE INTERIM ORDER DATED| ||23/2/2022 IN W.A NO.260/2022| |RESPONDENT EXHIBITS|| |Exhibit R2(a)|TRUE PHOTOCOPY OF THE LETTER BEARING| ||NO.C2/18313/2019/M.C. DATED 24/9/2019| |Exhibit R(b)|TRUE PHOTOCOPY OF THE ORDER GRANTING| ||PROVISIONAL REGISTRATION TO THE| ||PETITIONER AND OTHERS BEARING NO.C2-| ||2698/2020/PROVIONAL /M.C./F DATED| ||17/8/2020| -11- ## W.P.(C) No.18300 of 2022 Exhibit R2(c) TRUE PHOTOCOPY OF THE RESOLUTION DATED 20/10/2017 Exhibit R2(d) TRUE PHOTOCOPY OF THE JUDGMENT DATED 21/8/2019 IN WPC NO.39576 OF 2018 Exhibit R2(e) TRUE PHOTOCOPY OF THE MINUTES OF THE MEETING OF THE UGMEB HELD ON 19/5/2021 Exhibit R2(f) TRUE PHOTOCOPY OF THE CIRCULAR BEARING NO.MCI-203(1)(GEN)/2013-REGN.59243 DATED 24/2/2014 PETITIONER EXHIBITS Exhibit P9 TRUE COPY OF THE MASTER PHYSICIAN DEGREE SECURED BY THE PETITIONER FROM PLOVDIV MEDICAL UNIVERSITY, BULGARIA ALONG WITH THE EUROPEAN DIPLOMA SUPPLEMENT Exhibit P9(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P9 Exhibit P10 TRUE COPY OF THE LETTER ISSUED BY THE REPUBLIC OF BULGARIA, MINISTRY OF FOREIGN AFFAIRS TO THE EMBASSY OF THE REPUBLIC OF INDIA DATED 11/05/2022 CONFIRMING THE AUTHENTICITY OF THE HIGHER EDUCATION DIPLOMA SECURED BY THE PETITIONER Exhibit P10(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P10