IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9533 of 2009(J)
1. AJI MATHEW JOSEPH,
... Petitioner
2. ARUN THOMAS,
3. DILEEP.M.,
4. LAKSHMI NARENDRAN,
5. NISHITHA.N.K.,
6. PERCY MATHEW JOSEPH,
7. ROSHNI.K.,
8. SAM SUBY SIMON,
9. SHIRLY.K.L.,
10. TINKU JOSEPH,
11. TINTU VARGHESE,
12. MITHUN.K.,
13. SATHRAJAN.T.P.,
14. ARUN.P.V.,
15. CHERYL BENNY.K.,
16. CHRISTEENA GEORGE.,
17. LINY JOSE ALIAS.,
18. NOSHIN N.ABDU,
19. VINU.E.,
20. RIJESH.R.,
Vs
1. TRAVANCORE COCHIN MEDICAL COUNCIL,
... Respondent
2. THE MEDICAL COUNCIL OF INDIA,
3. THE UNION OF INDIA,
4. THE PRINCIPAL,
For Petitioner :SRI.KURIAN GEORGE KANNANTHANAM (SR.)
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/06/2010
O R D E R
K.T. SANKARAN, J.
---------------------------
W.P(C).Nos.13033, 35746 & 38307
of 2008 & 9533 of 2009
-------------------------------------
Dated this the 16th day of June, 2010
J U D G M E N T
The petitioner in W.P(C) No.35746 of 2008 is Malankara
Orthodox Syrian Church Medical College, whereas
W.P(C) No.13033 of 2008 is filed by the students who passed out
from Malankara Orthodox Syrian Church Medical College after
completion of M.B.B.S Course. W.P(C) No.9533 of 2009 is filed
by the students of Amala Institute of Medical sciences, Thrissur
who had completed M.B.B.S Course. W.P(C)No.38307 of 2008 is
filed by Dr. Somervel Memorial C.S.I Medical college.
2. In all these cases, the question involved is whether
the recognition of the course run by the respective colleges by
the Medical Council of India and the Government of India is
necessary under the provisions of the Indian Medical Council Act
for the purpose of allowing the students who studied there for
M.B.B.S course for undergoing internship after getting provisional
registration. It is submitted that interim orders were granted in
the Writ Petitions directing the Travancore Cochin Medical Council
W.P(C).Nos.13033 of 2008 and connected cases
2
to issue provisional registration to the students for undergoing
internship. It is submitted that during the pendency of the Writ
Petitions, the Government of India have issued notifications
based on the recommendation of the Medical Council of India, for
including the colleges involved in these Writ Petitions in the first
schedule of the Indian Medical Council Act. When similar Writ
Petitions came up for hearing, another learned single judge in the
judgment dated 23/12/2009 in W.P(C) No.373 of 2009 and
connected cases held that in view of the subsequent
developments, the question of law raised would only be of
academic interest. Those Writ Petitions were closed leaving open
all the contentions raised by the parties. It was also directed that
internship undergone by the students will be regularised in terms
of the directions of the Medical Council of India and Government
of India.
3. The questions involved in these Writ Petitions are
similar to those involved in W.P(C) No.373 of 2009 and
connected cases. Accordingly, it is submitted that similar
directions as issued in the judgment dated 23/12/2009 may be
W.P(C).Nos.13033 of 2008 and connected cases
3
issued in these cases as well.
Accordingly, these Writ Petitions are disposed of in the
same manner in which the connected cases were disposed of. In
view of the subsequent developments, it is not necessary to
decide the question of law raised by the parties in these Writ
Petitions. All the contentions of the parties are left open. There
will be a direction to the Travancore Cochin Medical Council to
regularise the internship undergone by the respective petitioners
(the students) in respect of whom interim orders were passed.
K.T. SANKARAN, JUDGE
scm