# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 29[TH] DAY OF NOVEMBER 2023 / 8TH AGRAHAYANA, 1945`**
## **`WP(C) NO. 15751 OF 2020`**
## **`PETITIONER:`**
```
JETLY JOSEPH
AGED 30 YEARS
S/O.JOSEPH E.VARGHESE, ENCHAPPARACKAL HOUSE, 15TH
MILE, VAZHOOR.P.O., KOTTAYAM-686504.
BY ADVS.
JAMES ABRAHAM (VILAYAKATTU)
SRI.P.BALAN (VYTTILA)
```
## **`RESPONDENTS:`**
- `1 NTIONAL MEDICAL COMMISSION, DADA DEV MANDIR ROAD, DWARAKA, PHASE-I, POCKET 14, SECTOR 8, NEW DELHI 110077, REPRESENTED BY ITS CHAIRPERSON.`
- `2 THE REGISTRAR, THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM-695035.`
- `3 COUNCIL OF MODERN MEDICINE REPRESENTD BY ITS PRESIDENT, THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM – 695035.`
```
BY ADVS.
SRI.TITUS MANI
SRI.N.RAGHURAJ
```
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.11.2023, ALONG WITH WP(C).24964/2020, 25007/2020, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
```
```
2
```
# **`WP(C) NO.15751/2020 & Con. Cases`**
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
```
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
```
```
WEDNESDAY, THE 29[TH] DAY OF NOVEMBER 2023 / 8TH AGRAHAYANA, 1945
```
## **`WP(C) NO. 25007 OF 2020`**
## **`PETITIONER:`**
```
PURNIMA RANI DAS
AGED 35 YEARS
W/O.GULJIT SINGH, NIMS MEDICITY, ARALOOMUDU,
NEYATINKARA P.O., THIRUVANANTHAPURAM-695 123
BY ADV JAMES ABRAHAM (VILAYAKATTU)
```
## **`RESPONDENTS:`**
- `1 NATIONAL MEDICAL COMMISSION DADA DEV MANDIR ROAD, DWARAKA, PHASE-I, POCKET 14, SECOTR-8, NEW DELHI-110 077, REPRESENTED BY ITS CHAIRPERSON`
- `2 THE REGISTRAR, THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM-695 035`
- `3 COUNCIL OF MODERN MEDICINE , REPRESENTED BY ITS PRESIDENT, THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM-695 035 BY ADVS.`
- `SHRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA SRI.N.RAGHURAJ`
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.11.2023, ALONG WITH WP(C).15751/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
```
3
```
# **`WP(C) NO.15751/2020 & Con. Cases`**
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
```
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 29[TH] DAY OF NOVEMBER 2023 / 8TH AGRAHAYANA, 1945
```
## **`WP(C) NO. 24964 OF 2020`**
## **`PETITIONER:`**
```
SHIBILU SHAMSUDEEN
AGED 36 YEARS
S/O.S.R.SHAMSUDEEN, NELLUMVILA PADEETTATHIL,
EDAKUNNAM, CHARUMOOD P.O, ALAPPUZHA-690505,
REPRESENTED BY POWER OF ATTORNEY HOLDER SULAIMAN
RAWTHER SHAMSUDEEN BISHALU BHAVAN,
L.S. NOORNAD P. O, ALAPPUZHA-690571..
BY ADVS.
JAMES ABRAHAM (VILAYAKATTU)
SRI.P.BALAN (VYTTILA)
```
## **`RESPONDENTS:`**
```
1NATIONAL MEDICAL COMMISSION
DADA DEV MANDIR ROAD, DWARAKA, PHASE-1, POCKET 14,
SECTOR-8, NEW DELHI-110077, REPRESENTED BY ITS
CHAIRPERSON.
```
```
2THE REGISTRAR
THE TRAVANCORE -COCHIN COUNCIL OF MODERN MEDICINE,
COMBINED COUNCIL BUILDING, RED CROSS ROAD,
THIRUVANANTHAPURAM-695035.
```
```
3COUNCIL OF MODERN MEDICINE
REPRESENTED BY ITS PRESIDENT, THE TRAVANCORE -COCHIN
COUNCIL OF MODERN MEDICINE, COMBINED COUNCIL
BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM-695035.
BY ADVS.
```
```
SHRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA
SRI.N.RAGHURAJ
```
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.11.2023, ALONG WITH WP(C).15751/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
```
WP(C) NO.15751/2020 & Con. Cases
```
```
4
```
## **`JUDGMENT`**
## **`[WP(C) Nos.15751/2020, 24964/2020, 25007/2020]`**
I am considering all the afore three writ petitions together because they impel analogous factual circumstances; while the prayers sought for are similar, if not interconnected.
2. The essential question in these cases is whether the petitioners herein - who are Foreign Medical Graduates, are liable to be denied permanent registration under Section 25(4) of the Indian Medical Council Act, 1956, solely because they had undertaken their course of education in theory in one University abroad, followed by practical training in another University in another Country.
3. The “Council of Modern Medicine” (now called the “Kerala State Council of Modern Medicine” or “Council” for short) took the stand that such courses can only be seen to be “off-campus” education and refused to grant benefit to students. This, however, was challenged before this Court in W.P(C)No.2344 of 2020, wherein, declarations were made in favour of the students and the Appeal filed against the same, namely W.A.No.1667 of 2020, filed by the “Council” was also dismissed. Subsequently, the Hon’ble Supreme Court, in SLP No.7293 of 2021, affirmed the declarations of this Court.
```
WP(C) NO.15751/2020 & Con. Cases
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**==> picture [8 x 9] intentionally omitted <==**
4. In addition to the afore issue, as far as the petitioner in W.P(C)No.15751 of 2020 is concerned, he faces another predicament because, his Eligibility Certificate was issued by the “Medical Council of India” [now called the “National Medical Commission” (NMC)] after he joined the course abroad. The “Council” takes the position that, therefore, on this ground alone, even his Foreign Medical Graduate registration is liable to be cancelled, leading to the cancellation of “Screening Test Certificate” earlier issued; and therefore, that the petitioner cannot be granted any benefit in this writ petition.
5. However, on the question of the validity of the Eligibility Certificate issued by the National Medical Commission after the student took admission in a Foreign University is concerned, a learned Judge of this Court in _**Sadhiya Siyad v. State of Kerala [2021 (6) KLT 94)**_ answered it in the following manner:-
“19. Question (ii): It is seen that after Act 34 of 2001 in terns of which IMC Act was amended, the earlier scheme of the IMC Act to recognize foreign medical institutions has been changed and the scheme of the IMC Act thereafter is that a person who secure a medical qualification from a medical institution abroad is entitled to be enrolled on a State Medical Register, if the said medical qualification is recognized in the country of education for enrolment as medical practitioner and if he/she clears the Screening Test in terms of the requirement in S.13(4A) of the IMC Act. Of course, after Act 34 of 2001, such candidates are required to obtain Eligibility Certificate in terms of S.13(4B) of the IMC Act in order to become eligible for obtaining medical qualification from any medical institution abroad and to appear for the Screening Test. In Ishan Kaul & Ors. Medical Council of India & Anr. (2009 (1) KLT OnLine 1142 (Del.) = 2010 KHC 6491), referring to Act 34 of 2001, the Delhi High Court has clarified that the Eligibility
```
WP(C) NO.15751/2020 & Con. Cases
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6
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Certificate is not institution specific, but only student specific in the sense that it only certfies the eligibility of the student tò undertake a medical course abroad, if he/she wants to come back to India and practíce medicine after clearing the Screeníng Test. Although S.13(4B) of the IMC Act provides that a person shall not be eligible to get admission to obtain medical qualification granted by any medical institution abroad without obtaining an Eligibility Certificate issued by the Medical Council of India and in case any such person obtains such qualification without obtaining such Eligibility Certificate, he shall not be eligible to appear in the Screening Test, in Shambhavi Sharma v. National Board of Examinations & Anr, (2010 (4) KLT OnLine 1015 (Del.) = 2010 SCC Online Del. 4490), the Delhi High Court has held that merely for the reason that a person has not obtained Eligibility Certificate, he shall not be denied the right to appear for the Screening Test, if he is otherwise entitled to Eligibility Certificate. Shambhavi Sharma is a case where the candidate concerned has applied for Eligibility Certificate after taking admission in the medical institution abroad. In the light of the decision of the Delhi High Court in Shambhavi Sharma, the omission, if any, on the part of a student in obtaining Eligibility Certificate before taking admission in a medical institution abroad cannot not be an impediment for claiming registration, if he/she was entitled to Eligibility Certificate, had he/she applied for the same.”
6. When this Court has, in _**Sadhiya Siyad (Supra),**_ declared the law affirmatively, I see no reason to deviate therefrom, since I am in respectful affirmation of the same. In such view, the petitioner therein also becomes entitled to the reliefs as sought for in W.P(C)No.15751 of 2020.
7. Obviously, therefore, nothing now remains for consideration by this Court on the merits of the contentions of the parties in these cases any further; and this is affirmed by the learned counsel on both sides.
```
WP(C) NO.15751/2020 & Con. Cases
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7
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In the afore circumstances, I allow these writ petitions and direct the 2[nd] respondent to grant permanent registration to the petitioners in these cases, under Section 25(4) of the Indian Medical Council Act, 1956, within a period of two months from the date of receipt of a copy of this judgment.
As a corollary, the orders impugned in these writ petitions will stand set aside.
Sd/-
## **`DEVAN RAMACHANDRAN`**
```
JUDGE
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MC/6.12
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WP(C) NO.15751/2020 & Con. Cases
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## **`APPENDIX OF WP(C) 15751/2020`**
|`PETITIONER EXHIBITS`||
|---|---|
|`EXHIBIT P1`|`TRUE COPY OF THE RELEVANT EXTRACT OF THE`|
||`WORLD DIRECTORY OF MEDICAL SCHOOLS SHOWING`|
||`SPARTAN HEALTH SCIENCES UNIVERSITY, SAINT`|
||`LUCIA.`|
|`EXHIBIT P2`|`TRUE COPY OF THE RELEVANT PAGES OF LIST OF`|
||`APPROVED UNIVERSITIES SHOWING SPARTAN`|
||`HEALTH SCIENCES UNIVERSITY, SAINT LUCIA`|
||`DOWNLOADED AND PRINTED FROM THE OFFICIAL`|
||`WEBSITE OF THE 1ST RESPONDENT.`|
|`EXHIBIT P3`|`TRUE COPY OF THE ELIGIBILITY CERTIFICATE`|
||`ISSUED BY THE 1ST RESPONDENT TO THE`|
||`PETITIONER.`|
|`EXHIBIT P4`|`TRUE COPY OF THE MBBS CERTIFICATE DATED`|
||`23.8.2013 ISSUED BY THE SPARTAN HEALTH`|
||`SCIENCES UNIVERSITY, SAINT LUCIA.`|
|`EXHIBIT P5`|`TRUE COPY OF THE SCREENING TEST RESULT`|
||`DATED 7.9.2019 ISSUED BY THE NATIONAL`|
||`BOARD OF EXAMINATIONS TO THE PETITIONER.`|
|`EXHIBIT P6`|`TRUE COPY OF THE CERTIFICATE OF`|
||`PROVISIONAL REGISTRATION DATED 11.9.2018`|
||`ISSUED BY THE 2ND RESPONDENT.`|
|`EXHIBIT P7`|`TRUE COPY OF THE INTERNSHIP COMPLETION`|
||`CERTIFICATE DATED 9.10.2019.`|
|`EXHIBIT P8`|`TRUE COPY OF THE ACKNOWLEDGEMENT OF`|
||`RECEIPT OF THE APPLICATION DATED`|
||`15.10.2019 ISSUED BY THE 2ND RESPONDENT,`|
||`RELEVANT PAGES OF PASSPORT OF THE`|
||`PETITIONER.`|
|`EXHIBIT P9`|`TRUE COPY OF THE RELEVANT PAGES OF`|
||`PASSPORT OF THE PETITIONER.`|
|`EXHIBIT P10`|`TRUE COPY OF THE LETTER DATED 30.1.2020`|
||`ISSUED BY THE SPARTAN HEALTH SCIENCE`|
||`UNIVERSITY.`|
|`EXHIBIT P11`|`TRUE COPY OF THE RELEVANT PAGES OF INDIAN`|
||`MEDICAL REGISTER SHOWING THE NAMES OF`|
||`MEDICAL PRACTITIONERS, THOSE OBTAINED`|
||`MEDICAL DEGREE FROM SPARTAN HEALTH`|
||`SCIENCES UNIVERSITY, SAINT LUCIA.`|
|`EXHIBIT P12`|`A TRUE COPY OF THE ORDER`|
||`NO.C2/24382/2019/MC DATED 7.10.2020 ISSUED`|
||`BY THE 2ND RESPONDENT.`|
|`EXHIBIT P13`|`A TRUE COPY OF THE ELIGIBILITY CERTIFICATE`|
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WP(C) NO.15751/2020 & Con. Cases
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DATED 13.12.2008 ISSUED BY THE MEDICAL
COUNCIL OF INDIA.
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EXHIBIT P14A TRUE COPY OF THE ORDER IN CIVIL APPEAL
NO.11321/2013 DATED 30.1.2018 WHICH
DOWNLOADED FROM THE WEBSITE OF HON’BLE
SUPREME COURT.
```
```
RESPONDENT EXHIBIT
EXHIBIT R2(A)A TRUE PHOTOCOPY OF THE LETTER DATED
28.11.2019 ISSUED BY THE MEDICAL COUNCIL
OF INDIA.
```
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WP(C) NO.15751/2020 & Con. Cases
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## **`APPENDIX OF WP(C) 25007/2020`**
|`PETITIONER EXHIBITS`||
|---|---|
|`EXHIBIT P1`|`A TRUE COPY OF THE RELEVANT EXTRACT OF THE`|
||`WORLD DIRECTORY OF MEDICAL SCHOOLS SHOWING`|
||`THE NAME OF THE UNIVERSITY`|
|`EXHIBIT P2`|`A TRUE COPY OF THE RELEVANT PAGES OF LIST`|
||`OF APPROVED UNIVERSITIES, WHEREIN SHOWING`|
||`INTERNATIONAL UNIVERSITY OF THE HEALTH`|
||`SCIENCE (IUHS), ST.KITTS DOWNLOADED AND`|
||`PRINTED FROM THE OFFICIAL WEBSITE OF`|
||`MEDICAL COUNCIL OF INDIA`|
|`EXHIBIT P3`|`A TRUE COPY OF THE CERTIFICATE OF THE`|
||`PETITIONER ISSUED BY THE INTERNATIONAL`|
||`UNIVERSITY OF THE HEALTH SCIENCE (IUHS),`|
||`ST.KITTS , WEST INDIES`|
|`EXHIBIT P4`|`A TRUE COPY OF THE LETTER DATED 23.3.2007`|
||`ISSUED BY THE MEDICAL COUNCIL OF INDIA`|
|`EXHIBIT P5`|`TRUE COPY OF THE ELIGIBILITY CERTIFICATE`|
||`ISSUED BY THE MCI`|
|`EXHIBIT P6`|`TRUE COPY OF THE SCREENING TEST RESULT`|
||`ISSUED BY THE NATIONAL BOARD OF`|
||`EXAMINATIONS TO THE PETITIONER`|
|`EXHIBIT P7`|`A TRUE COPY OF THE JUDGMENT DATED`|
||`11.4.2017 IN WPC NO.11881/2017`|
|`EXHIBIT P8`|`A TRUE COPY OF THE CERTIFICATE OF`|
||`PROVISIONAL REGISTRATION DATED 7.11.2017`|
|`EXHIBIT P9`|`TA TRUE COPY OF THE INTERNSHIP COMPLETION`|
||`CERTIFICATE DATED 28.1.2019`|
|`EXHIBIT P10`|`A TRUE COPY OF THE ACKNOWLEDGEMENT DATED`|
||`11.2.2019`|
|`EXHIBIT P11`|`A TRUE COPY OF THE JUDGMENT DATED`|
||`13.2.2020 IN W.P.NO.26836/2019`|
|`EXHIBIT P12`|`A TRUE COPY OF THE JUDGMENT DATED`|
||`29.8.2014 IN WAS NO.1981/2012`|
|`EXHIBIT P13`|`A TRUE COPY OF THE CERTIFICATE OF`|
||`REGISTRATION DATED 13.7.2016 GRANTED BY`|
||`THE 2ND RESPONDENT TO THE PETITIONERS`|
||`HUSBAND`|
|`EXHIBIT P14`|`A TRUE COPY OF THE CIRCULAR NO.MCI-203(1)`|
||`(GEN)/20-14-REGN 157690 DATED 11.2.2015`|
|`EXHIBIT P15`|`A TRUE COPY OF THE ORDER`|
||`NO.C2-2752/2019/TCMC DATED 17.7.2020`|
||`ISSUED BY THE 2ND RESPONDENT`|
|`EXHIBIT P16`|`A TRUE COPY OF THE LETTER DATED 24.2.2014`|
# **`WP(C) NO.15751/2020 & Con. Cases`**
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ISSUED BY THE MEDICAL COUNCIL OF INDIA TO
ALL STATE MEDICAL COUNCILS
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EXHIBIT P17A TRUE COPY OF THE ORDER IN CIVIL APPEAL
NO.11321/2013 DATED 30.1.2018 WHICH
DOWNLOADED FORM THE WEBSITE OF HON'BLE
SUPREME COURT
```
```
RESPONDENT EXHIBIT
EXHIBIT R2(A)A TRUE PHOTOCOPY OF THE LETTER DATED
28.11.2019
```
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WP(C) NO.15751/2020 & Con. Cases
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## **`APPENDIX OF WP(C) 24964/2020`**
|`PETITIONER EXHIBITS`||
|---|---|
|`EXHIBIT P1`|`A TRUE COPY OF THE RELEVANT EXTRACT OF THE`|
||`WORLD DIRECTORY OF MEDICAL SCHOOLS SHOWING`|
||`THE NAME OF THE UNIVERSITY.`|
|`EXHIBIT P2`|`A TRUE COPY OF THE RELEVANT PAGES OF LIST`|
||`OF APPROVED UNIVERSITIES, WHEREIN SHOWING`|
||`INTERNATIONAL UNIVERSITY OF THE HEALTH`|
||`SCIENCE (IUCHS), St. Kitts DOWNLOADED AND`|
||`PRINTED FROM THE OFFICIAL WEBSITE OF`|
||`MEDICAL COUNCIL OF INDIA.`|
|`EXHIBIT P3`|`A TRUE COPY OF THE CERTIFICATE OF THE`|
||`PETITIONER ISSUED BY THE INTERNATIONAL`|
||`UNIVERSITY OF THE HEALTH SCIENCE (IUCHS),`|
||`St. Kitts, WEST INDIES`|
|`EXHIBIT P4`|`A TRUE COPY OF THE ELIGIBILITY CERTIFICATE`|
||`ISSUED BY THE MCI.`|
|`EXHIBIT P5`|`A TRUE COPY OF THE SCREENING TEST RESULT`|
||`ISSUED BY THE NATIONAL BOARD OF`|
||`EXAMINATIONS TO THE PETITIONER.`|
|`EXHIBIT P6`|`A TRUE COPY OF THE JUDGMENT DATED`|
||`04.04.2017 IN WP NO.17017/2017.`|
|`EXHIBIT P7`|`A TRUE COPY OF THE CERTIFICATE OF`|
||`PROVISIONAL REGISTRATION DATED 7.11.2017.`|
|`EXHIBIT P8`|`A TRUE COPY OF THE INTERNSHIP COMPLETION`|
||`CERTIFICATE DATED 13.08.2019.`|
|`EXHIBIT P9`|`A TRUE COPY OF THE ACKNOWLEDGMENT DATED`|
||`3.9.2019.`|
|`EXHIBIT P10`|`A TRUE COPY OF THE JUDGMENT DATED`|
||`13.2.2020 IN WP NO.35147/2019.`|
|`EXHIBIT P11`|`A TRUE COPY OF THE JUDGMENT DATED`|
||`29.08.2014 OM WA MO.1981/2012.`|
|`EXHIBIT P12`|`A TRUE COPY OF THE CIRCULAR NO MCI-203(1)`|
||`(Gen)/20-14-Regn. 157690 DATED 11.2.2015.`|
|`EXHIBIT P13`|`A TRUE COPY OF THE ORDER NO. C2-`|
||`21666/2019/TCMC DATED 17./.2020 ISSUED BY`|
||`THE 2ND RESPONDENT.`|
|`EXHIBIT P14`|`A TRUE COPY OF THE LETTER DATED 24.12.2004`|
||`ISSUED BY THE MEDICAL COUNCIL OF INDIA TO`|
||`ALL STATE MEDICAL COUNCILS.`|
|`EXHIBIT P15`|`A TRUE COPY OF THE ORDER IN CIVIL APPEAL`|
||`NO.11321/2013 DATED 30.01.2018 WHICH`|
||`DOWNLOADED FROM THE WEBSITE OF HON'BLE`|
||`SUPREME COURT.`|
## **`WP(C) NO.15751/2020 & Con. Cases`**
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```
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RESPONDENT EXHIBIT
EXHIBIT R2(A)A TRUE PHOTOCOPY OF THE LETTER DATED
28.11.2019 ISSUED BY MCI
```