The Travancore - Cochin Council of Modern Medicine v. Jahnavi B. Patel and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI** **&** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **MONDAY, THE 22[ND] DAY OF JANUARY 2024 / 2ND MAGHA, 1945 WA NO. 612 OF 2022** **AGAINST THE ORDER/JUDGMENT WP(C) 7939/2021 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** THE TRAVANCORE - COCHIN COUNCIL OF MODERN MEDICINE REPRESENTED BY ITS REGISTRAR, COMBINED COUNCIL BUILDINGS RED CROSS ROAD, THIRUVANANTHAPURAM-695 395. BY ADV N.RAGHURAJ ## **RESPONDENT/S:** 1 DR.JAHNAVI.B.PATEL D/O BHARAT K. PATEL, RESIDING AT XXX/626, KRISHNA NIVAS, WARRIAM ROAD, KOCHI, M.G. ROAD, ERNAKULAM-682 016. 2 NATIONAL MEDICAL COMMISSION, POCKET-14, SECTOR-8, DWARKAPHASE-1, NEW DELHI110077, INDIA. 3 NATIONAL BOARD OF EXAMINATION (NBE) REPRESENTED BY ITS SECRETARY, COURT, DABRIGURGAON ROAD NEAR DISTRICT, DWARAKA SECTOR 9 RD, PSP AREA, NEW DELHI, DELHI-110075. ## **OTHER PRESENT:** ADV.JOLLY JOHN R1 PRENJITH KUMAR SC, NATIONAL MEDICAL COMMISSION THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.No.612 of 2022 -2- ## **JUDGMENT** Dated this the 22[nd] day of January, 2024 ## _**V.G.Arun, J.**_ The Travancore-Cochin Council of Modern Medicine has filed this appeal aggrieved by the direction in the impugned judgment to grant permanent registration to the first respondent/original petitioner and thus enabling her to practice modern medicine. The essential facts are as under; The original petitioner, after completing her Plus Two course in the year 2010, completed three year Pre-Medical Course from the University of California. Thereafter, the petitioner secured admission for MD Medical Programme in the Avalon University School of Medicine in Curacao in the Caribbean Islands. After obtaining the MD medicine qualification, which is equivalent to the MBBS degree, petitioner returned to India W.A.No.612 of 2022 -3- and passed the screening test for Foreign Medical Graduates conducted by the National Board of Examinations in December, 2017. Thereupon, the petitioner applied and obtained provisional registration with the appellant Council 10.12.2018 and did her one year Compulsory Rotating Residential Internship (CRRI) at the Amrita Institute of Medical Sciences, Kochi. Later, the petitioner applied for permanent registration with the appellant Council, which got rejected as per Ext.P20. The writ petition was filed challenging Ext.20 decision of the Council and by the impugned judgment, the learned Single Judge set aside Ext.P20 and directed the Council to grant permanent registration to the petitioner. 2. When the appeal came up for admission, it was informed that another Division Bench had upheld a judgment similar to the one impugned in this appeal and the Counsel has challenged the decision of the Division Bench before the Apex W.A.No.612 of 2022 -4- Court and therein an interim order has been passed. Based on the submission, an interim order was passed in this appeal also. It is now informed that the Special Leave Petition filed by the appellant Council is dismissed by the Supreme Court. Learned Counsel for the appellant submitted that, irrespective of the dismissal of the Special Leave Petition, certain other points have to be considered. 3. It is submitted that the Council had taken a conscious decision on 20.09.2019 not to grant permanent registration to foreign medical graduates who had undergone the studies abroad in off-campus mode. As far as the petitioner is concerned, she had studied the theory part for 16 months at the Avalon University and had done her clinical part for 72 weeks in an institution in the United States. As such, the petitioner had acquired her medical graduation through offcampus study and is not entitled to get permanent registration. Learned Counsel also fairly W.A.No.612 of 2022 -5- conceded that the Council's decision dated 20.09.2019 was held to be invalid by a Division Bench in _**Travancore Cochin Council of Modern Medicine v. Leeba Mary Eapen [2021(6) KLT SN 48**_ _**(C.No.41)]**_ and the Special Leave Petition filed against that decision was dismissed by the Supreme Court. In view of the above development, we are not venturing to decide the writ appeal based on the decision dated 20.09.2019 of the appellant Council. 4. It is argued that as per Section 13(4B) of the Indian Medical Council Act, 1956 (“the IMC Act” for short), a citizen of India will be eligible to get admission to a medical institution in a foreign country only on obtaining an eligibility certificate from the Council. It is contended that the petitioner had not obtained the eligibility certificate as contemplated under Section 13(4B) of the Act and hence, the qualification acquired by her will W.A.No.612 of 2022 -6- not entitle the petitioner to seek permanent registration with the Council. 5. In answer to this contention, learned Counsel for the original petitioner submitted that Section 13(4B) was suspended through Ext.P11 ordinance, viz; during the period from 15.05.2013 to 04.01.2014. The petitioner having secured admission in the Avalon University School during the aforementioned period, the requirement of obtaining eligibility certificate is not applicable to the petitioner. The fact that the petitioner secured admission for medical graduation course while Section 13(4B) was not in force, the contention that she ought to have obtained an eligibility certificate from the Council can only be rejected. 6. Learned Counsel for the appellant then argued that, as per the norms of the Medical Council, a foreign medical graduate shall not be entitled to be enrolled on any Medical Register maintained by a State Medical Council unless he W.A.No.612 of 2022 -7- qualifies the screening test in India prescribed for such purpose and the foreign medical degree entitles such person to practice medicine in the country from where he/she obtained the degree. It is submitted that no document was produced to show that the degree obtained by the petitioner to practice medicine in Curacao in the Caribbean Islands. 7. In answer to this contention, learned Counsel for the petitioner submitted that, to practice medicine in Curacao, the graduate should also clear the United States Medical Licensing Examination. It is submitted that the petitioner has successfully cleared the examination and is entitled to practice not only in Curacao, but also in the United States as well. To substantiate the above contention, attention is drawn to Exts.P4, P12 and P13. Having gone through the documents, we are convinced that the petitioner has acquired the requisite qualification for practicing medicine in W.A.No.612 of 2022 -8- Curacao. Hence, the third contention urged by the appellant is also liable to be rejected. It is pertinent to note that the petitioner has cleared the screening test conducted by the National Board of Examination and was also issued with a provisional certificate by the appellant Council. Hence, we find no merit in any of the grounds urged in the appeal. Consequently, the writ appeal is dismissed. Considering that the petitioner had submitted her application for permanent registration way back on 11.08.2020, the appellant shall take up Ext.P10 application and grant permanent registration to the petitioner within one month of receipt of a copy of this judgment. Sd/- ## **A.J.Desai** ## **Chief Justice** sd/- **V.G.Arun Judge** Scl/ W.A.No.612 of 2022 -9- ## **APPENDIX OF WA 612/2022** RESPONDENT ANNEXURES Annexure R1(a) TRUE COPY OF THE ORDER OF HONORABLE SUPREME COURT DATED 31.10.2023 IN TCMC VS LEEBA MARY EAPEN IN SLP 7293/2021