Dr. Shifa Naser v. Medical Council of India and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **MONDAY, THE 4TH DAY OF APRIL 2016/15TH CHAITHRA, 1938** **WP(C).No. 31498 of 2015 (J) ----------------------------** **PETITIONER:** - **-----------** **DR.SHIFA NASER, W/O.ANISH M ANSARI, ANSARI MANZIL, THIRUVATHUKKAL JUNCTION, KOTTAYAM - 686003** ## **BY ADV. SRI.S.SUBHASH CHAND** **RESPONDENT(S):** **--------------** **1.MEDICAL COUNCIL OF INDIA, SECTOR 8, POCKET 14, DWARKA, NOW DELHI 110075, REPRESENTED BY ITS SECRETARY.** ## **2.THE SECRETARY,** **MEDICAL COUNCIL OF INDIA, SECTOR 8, POCKET 14, DWARAKA, NEW DELHI - 110075.** **3.THE TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM - 695035, REPRESENTED BY ITS REGISTRAR.** **4. THE SUPERINTENDENT, GENERAL HOSPITAL, ERNAKULAM - 682011.** **R1 & R2 BY ADV. SRI.TITUS MANI VETTOM, SC R3 BY ADV. SRI.N.RAGHURAJ, SC R4 BY GOVERNMENT PLEADER SRI.GIKKU JACOB** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **mbr/** ## **WP(C).No. 31498 of 2015 (J) ---------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS:** **-----------------------** - **P1:TRUE COPY OF THE ELIGIBILITY CERTIFICATE DTD 7/9/2006 ISSUED BY RESPONDENT NO 1.** - **P2:TRUE COPY OF THE DEGREE OF DOCTOR OF MEDICINE CERTIFICATE DTD 15/1/2010.** **P2(A):-TRUE COPY OF THE APOSTILLE AFFIXED ON EXT P2.** - **P3:TRUE COPY OF THE MARK LIST DTD 4/3/2010 ISSUED TO THE PETITIONER BY THE UNIVERSITY OF SEYCHELLES.** - **P4:TRUE COPY OF THE NO OBJECTION CERTIFICATE DTD 9/12/2010.** - **P5:TRUE COPY OF THE CHARACTER CERTIFICATE DTD 9/12/2010.** - **P6:TRUE COPY OF THE RESULT OF THE SCREENING TEST DTD 8/4/2011.** - **P7:TRUE COPY OF THE PROVISIONAL REGISTRATION CERTIFICATE DTD 14/3/2013 ISSUED BY RESPONDENT NO 1.** - **P8:TRUE COPY OF THE PROVISIONAL REGISTRATION CERTIFICATE DTD 23/7/2013 ISSUED BY RESPONDENT NO 3.** - **P9:TRUE COPY OF THE INTERNSHIP COMPLETION CERTIFICATE DTD 20/9/2014.** - **P10:- TRUE COPY OF THE DEMAND DRAFTS OF RS.10,000/- AND RS.240/SUBMITTED BY THE PETITIONER** - **P11:- TRUE COPY OF THE COMMUNICATION DTD 8/10/2014 ISSUED BY RESPONDENT NO.3.** - **P12:- TRUE COPY OF CERTIFICATE OF AUTHENTICATION DTD 12/6/2015.** - **P13:- TRUE COPY OF THE MINUTES OF THE MEETING DTD 9/1/2012 OF THE BOARD OF GOVERNORS OF RESPONDENT NO 1.** - **P14:- TRUE COPY OF THE MINUTES OF THE METTING DTD 10/12/2012 OF THE BOARD OF GOVERNORS OF RESPONDET NO 1.** - **P15:- TRUE COPY OF THE LIST OF MEDICAL UNDERGRADUATES OF UNIVERSITY OF SEYCHELLES, AMERICAN INSTITUTE OF MEDICINE.** - **P16:- TRUE COPY OF THE CHARTER DATED 22.6.2000 RATIFIED BY THE GOVERNMENT OF SEYCHELLES.** - **--2--** **--2--** ## **WP(C).No. 31498 of 2015 (J)** ## **---------------------------** - **P17:- TRUE COPY OF THE EXTENSION OF PROVISIONAL ACCREDITATION DATED 8.2.2012 THUS ISSUED BY THE SEYCHELLES QUALIFICATIONS AUTHORITY.** - **P18:- TRUE COPY OF THE COMMUNICATION DATED 28.11.2001 ISSUED BY THE POLICY ADVISOR OF GENERAL MEDICAL COUNCIL, UNITED KINGDOM.** - **P19:- TRUE COPY OF THE LIST OF PERSONS PRACTICING IN THE INITED STATES OF AMERICA (UPDATED ON 16.1.2012)** - **P20:- TRUE COPY OF THE CERTIFICATE OF PERMANENT REGISTRATION ISSUED BY RESPONDENT NO.3 TO DR.JITHESH PUSHPAN.** **RESPONDENT(S)' EXHIBITS & ANNEXURES:** **------------------------------------** - **ANNEXURE R1(A): TRUE PHOTOCOPY OF THE LETTER C2.9655/14/MC/F DATED 29.6.2015 BY R-3 ALONG WITH E MAIL DATED 10.6.2015 OF THE HIGH COMMISSION OF INDIA, SEYCHELLES.** - **ANNEXURE R1(B) : TRUE COPY OF COMMUNICATION MCI-203(1)(GEN)/2015REGN/147647-71 DATED 6.11.2015.** - **ANNEXURE R1(C) : LETTER MCI-203(GENL.)/2015 REGN.156937 DATED 12.12.2015.** - **ANNEXURE R3(A): TRUE PHOTOCOPY OF THE LETTER BEARING NO.MC1-203 (1)(GEN)/2013-REGN/59243 DATED 24.3.2014.** - **ANNEXURE R3(B) : TRUE PHOTOCOPY OF THE LETTER SENT BY THE REGISTRAR OF THE 3RD RESPONDENT TO THE HIGH COMMISSION OF INDIA, VICTORIA, SEYCHELLES DATED 27.3.2015.** **ANNEXURE R3(C) : TRUE PHOTOCOPY OF THE LETTER BEARING NO.SEY/433/1/2014 DATED 18.6.2015. ANNEXURE R3(D) : TRUE PHOTOCOPY OF THE LETTER DATED 29.6.2015. ANNEXURE R3(E) : A TRUE PHOTOCOPY OF THE LETTER DATED 6.11.2015.** **//TRUE COPY//** **P.S. TO JUDGE** **mbr/** **A. MUHAMED MUSTAQUE, J. ----------------------------------------W.P.(C).No. 31498 of 2015 ------------------------------------Dated this the 04[th] day of April, 2016** ## **JUDGMENT** The petitioner is the holder of degree in Medicine from the University of Seychelles, American Institute of Medicine. 2. The petitioner had passed the Screening Test and the eligibility test conducted by the National Board of Examinations, MCI. The petitioner has not been given registration by the 3[rd] respondent, the Travancore Cochin Council of Modern Medicine, stating that the MCI has directed them not to grant registration to the candidates based on R3(e) communication. It appears that this decision was taken by the Medical Council of India on W.P.(C).No. 31498 of 2015 -2- receipt of the Note Verbale received from the Government of Seychelles. It is noted that the Seychelles Medical and Dental Council has not so far not recognised the qualifications obtained from the University of Seychelles American Institute of Medicine. 3. The petitioner was awarded the Degree of Doctor of Medicine on 15.01.2010. There is no dispute regarding the qualification obtained by the petitioner from the University of Seychelles, American Institute of Medicine (USAIM). There is also no dispute to the fact that the recognition granted to the above institute has been withdrawn on 14.01.2010. The Government of Seychelles, it appears that by a charter was granted permission to the above institute through an agreement dated 23.06.2000 to establish a private medical university in the Republic of Seychelles. W.P.(C).No. 31498 of 2015 -3- Thereafter, the charter as above was terminated on 14.01.2010. 4. It appears that there is a challenge against the termination before the Supreme Court of Seychelles and the same is pending. The question now only revolves around the validity of medical degree obtained by the petitioner in the country of Seychelles. To have a validity in India, the degree must have a recognition in the country in which the degree was issued. 5. The learned counsel for the petitioner also made available before me that the communication issued by the Seychelles Qualifications Authority dated 28.03.2015 which would reveal as follows: “This document serves to that certify Ms. Shifa Naser was bona fide student of the University of Seychelles American Institute of Medicine (USAIM). She followed the W.P.(C).No. 31498 of 2015 -4- undergraduate Medical MD Degree and graduated on 15[th] January 2010. USAIM was given a charter by the Government of Seychelles on the 22[nd] of June 2000 which legally established it as an institution. USAIM was provisionally accredited by the Seychelles Qualifications Authority (SQA) in the period between 14[th] February 2008 to 14[th] February 2010. USAIM was provisionally accredited to offer the undergraduate medical (MD) degree. Its accreditation was extended for a provisional period of one year from 14[th] February 2010 to 14[th] February 2011.” 6. The petitioner refers to various proceedings of the Medical Council of India for granting permanent registration with the candidates who have obtained medical degree from the USAIM. Ext.P14 is one of such proceeding. The proceeding refers as follows: W.P.(C).No. 31498 of 2015 -5- “The Board of Governors further decided to obtain list of all candidates who were admitted in University of Seychelles American Institute of Medicine before 16.04.2010 from University of Seychelles and Seychelles Qualifications Authority for future reference so that only those students who were admitted before 16.04.2010 are considered for grant of provisional/permanent registration in case of twining programme.” 7. It appears that those candidates who have obtained the degree prior to termination have been granted permanent registration in India as there is no disability attached with such degree in the country of Seychelles. In Ext.P13, in another proceeding, the Board also took note of the following facts: “Read: the matter with regard to consideration for grant of provisional/permanent registration to the candidates of who have obtained their medical degree from University of Seychelles, American Institute of Medicine, Seychelles. W.P.(C).No. 31498 of 2015 -6- The Board of Governors considered the matter with regard to consideration for grant of provisional/permanent registration to 27 candidates who have obtained their medical degree from University of Seychelles, American Institute of Medicine, Seychelles and documents duly verified by the Indian High Commission. The Board noted that the degree granted by the University of Seychelles, American Institute of Medicine, is a Seychelles recognized by Seychelles Qualifications Authority by virtue of authority under Seychelles Qualifications Authority Act 2005. The Board also noted that in Seychelles some students have done entire course in Seychelles whereas some students had done course partly in India. The Board noted a letter from the President, University of Seychelles, American Institute of Medicine, the list of 27 candidates who did their entire course in Seychelles, out of these five candidates had already been granted provisional or permanent registration. As it was in accordance with the requirements laid down in Regulations, the Board decided to grant registration to those W.P.(C).No. 31498 of 2015 -7- candidates if the person has qualified the screening test. The Board decided to take up the matter of candidates who had done studies partly in India and partly in Seychelles as and when their duly verified documents are received. Regarding the Board of Governors taking note of its earlier decision in the case of Indian citizens who had obtained medical qualification from Tanzania, Philippines decided to consider the case of the Indian citizens who had obtained medical qualifications from Seychelles on similar basis in view of the law laid down by the Hon'ble Supreme Court of India in Medical Council of India v. Saai Prasanna (judgment dated 09.05.2011). The Medical Council of India in similar cases, namely, Priya Nair and Others before High Court of Delhi and Shri Shivaji Dnyandeo Patil and other filed before the Hon'ble High Court of Bombay has acceded to prayers and accordingly granted registration if the person has qualified the Screening Test. The Board also noted that in accordance with the provisions of “Eligibility Requirement for taking admission in an W.P.(C).No. 31498 of 2015 -8- medical course in a undergraduate Foreign Medical Institution Regulations, 2002, the candidates who have been admitted after 16.04.2010 amendment in any foreign medical institution, the candidates must have studied for the entire duration of the course in the same foreign medical institution.” 8. It is to be noted that the institute was granted permission by a charter and the charter was terminated only on 14.01.2016. Therefore, normally all that is done before the termination would have a validity in any country otherwise expressly shown elsewhere. It is to be noted that Ext.P17 would disclose that Seychelles Qualification Authority has accorded an extension of provisional accreditation for the undergraduate medical (MD) degree from 14.02.2010 to 14.02.2011. The petitioner also refers to Ext.P16 which would show that many similarly situated students who were graduated prior to termination were W.P.(C).No. 31498 of 2015 -9- given the permanent registration in India. 9. Section 13(4 A) and 13(4 B) of the Medical Council of India Act permits an Indian citizen/overseas citizen of India, to obtain primary medical qualification from any country outside India which is recognized for enrolment as Medical Practitioner in that country. Therefore, the stand of the Medical Council of India is that unless the petitioner is able to show that her degree is having a recognition in Seychelles, the Medical Council of India would not be in a position to accord recognition to the qualification obtained by the petitioner. 10. It is to be noted that R1(a) would show that the Ministry in Seychelles informed the High Commission of India confirmed the authenticity of the qualification obtained by the petitioner. However, it was pointed out that W.P.(C).No. 31498 of 2015 -10- the Seychelles Medical and Dental Council has not so far recognised the qualifications obtained from the institute as the Supreme Court decision is still pending in the matter. It has been pointed out by the learned counsel for the petitioner that the case pending before the Supreme Court in Seychelles is for damages and not with respect to the challenge of the termination. It is further submitted that unless the charter is renewed no recognition can be granted to the institute. It is further submitted that all the actions pursuant to the charter before its termination is validated for recognition. 11. It is to be noted that this Court directed by various interim orders to the Medical Council of India to contact counter part in the country of Seychelles to obtain information regarding the recognition of the qualification W.P.(C).No. 31498 of 2015 -11- obtained by the petitioner. It is to be noted that the Medical Council of India is unable to provide any material to hold that qualification obtained by the petitioner is not recognised in the Seychelles. Therefore, the Court has to decide the matter based on the available records before this Court. There are two material facts: i) The termination was only on 14.01.2010. ii) There was a provisional extension of recognition from 14.02.2010 to 14.02.2011. This would indicate that there was a clearly recognition to this course in the Seychelles. Therefore, in the absence of any contradicting material, this Court is of the view that the petitioner's qualification has recognition in the Seychelles and there is no impediment in granting permanent registration to the petitioner. Accordingly, the writ petition is disposed by directing the third respondent to W.P.(C).No. 31498 of 2015 -12- grant permanent registration to the petitioner based on the qualification obtained by her and also based on the screening test passed by her within a period of two weeks from the date of receipt of a copy of this judgment. Sd/- **A. MUHAMED MUSTAQUE JUDGE** bpr