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2025 DAILYLAW 8087 (KER)

DR.NIJITH.O v. THE UNION OF INDIA

WP(C)/35824/2018 · 2025-03-26

Mohammed Nias C P

Writ Petition (Civil)body2025

Judgment text

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WP(C) Nos.37098/2017, 35824/2018 1 2025:KER:25659 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 37098 OF 2017 PETITIONERS: 1 DR. NIJITH.O AGED 36 YEARS S/O GOVINDAN, RESIDING ATHOUSE NO.1317, B.G ROAD, CHAKKORATHKULAM PO,CALICUT.PIN.673011 2 DR.JAYADEV V AGED 32 YEARS, S/O CHANDRASEKHARAN V, RESIDING AT POURNAMI HOUSE, KARAPATH,POLICODE PO, KASARGOD DISTRICT. PIN.671310 BY ADV SRI.JAWAHAR JOSE RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN.695001. 2 THE DIRECTORATE OF MEDICAL EDUCATION MEDICAL COLLEGE PO, THIRUVANANTHAPURAM.PIN.695035. 3 THE TRAVANCORE COCHIN MEDICAL COUNCIL FOR MODERN MEDICINE. REPRESENTED BY ITS REGISTRAR, COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM.695035 4 THE KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, WP(C) Nos.37098/2017, 35824/2018 2 2025:KER:25659 MEDICAL COLLEGE PO, THRISSUR DISTRICT. PIN.680596. 5 THE MEDICAL COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY, POCKET 14,SECTOR 8, DWARAKA, NEW DELHI. PIN.110077. 6 THE PRINCIPAL ACADEMY OF MEDICAL SCIENCES, PARIYRAM PO,KANNUR DISTRICT. PIN.670503 BY ADV SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA SRI. P.SREEKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, ALONG WITH WP(C).35824/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.37098/2017, 35824/2018 3 2025:KER:25659 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 35824 OF 2018 PETITIONERS: 1 DR.NIJITH.O AGED 37 YEARS S/O GOVINDAN,RESING AT OMPEDATHIL HOUSE, K.PURAM PO,TANALUR VIA, MALAPPURAM DISTRICT,676307 2 DR. JAYADEV K AGED 33 YEARS S/O. CHANDRASEKHARAN V, RESIDING AT POURNAMI HOUSE, KARAPATH, PILICODE (P.O), KASARGOD DISTRICT, PIN-671 310 BY ADVS. JAWAHAR JOSE SMT.CISSY MATHEWS SRI.SARUN RAJAN RESPONDENTS: 1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, A WING,NIRMAN BHAVAN,MAULANAAZAD ROAD, NEW DELHI, PIN 110108 2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001 WP(C) Nos.37098/2017, 35824/2018 4 2025:KER:25659 3 THE DIRECTORATE OF MEDICAL EDUCATION REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O, THRISSUR DISTRICT, PIN-695 035 4 THE TRAVANCORE COCHIN MEDICAL COUNCIL FOR MODERN MEDICINE REPRESENTED BY ITS REGISTRAR, COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANTHAPURAM, PIN-695 035 5 THE KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O, THRISSUR DISTRICT, PIN-680 596 6 THE MEDICAL COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR , DWARAKA, NEW DELHI, PIN-110077 7 THE ACADEMY OF MEDICAL SCIENCES REPRESENTED BY ITS PRINCIPAL, PARIYARAM (P.O) KANNUR DISTRICT, PIN-670 503 BY ADVS. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA SMT.BINDUMOL JOSEPH SRI.SUVIN R.MENON, CGC SRI.B.S.SYAMANTHAK SMT.ANJU ANILKUMAR K.S.PRENJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, ALONG WITH WP(C).37098/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.37098/2017, 35824/2018 5 2025:KER:25659 MOHAMMED NIAS C.P., J ========================= W.P(C) Nos. 37098 of 2017 and 35824 of 2018 ========================= Dated this the 26th day of March, 2025 J U D G M E N T The learned Counsel for the petitioners submits that they are not pressing these writ petitions. This is recorded. Therefore, these writ petitions are dismissed as not pressed. Sd/- MOHAMMED NIAS C.P. JUDGE LU WP(C) Nos.37098/2017, 35824/2018 6 2025:KER:25659 APPENDIX OF WP(C) 35824/2018 PETITIONER EXHIBITS : EXHIBIT P1 TRUE COPY OF THE 1ST PETITIONER'S BACHELOR DEGREE CERTIFICATE IN M.B.B.S COURSE. EXHIBIT P1 (A) TRUE COPY OF THE 1ST PETITIONER'S POST GRADUATE DEGREE CERTIFICATE ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES. EXHIBIT P2 TRUE COPY OF THE 2ND PETITIONER'S BACHELOR DEGREE CERTIFICATE IN M.B.B.S COURSE. EXHIBIT P2 (A) TRUE COPY OF THE 2ND PETITIONER'S POST GRADUATE DEGREE CERTIFICATE ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES. EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 2ND PETITIONER UNDER SECTION 23 OF THE TRAVANCORE COCHIN MEDICAL PRACTITIONERS ACT. EXHIBIT P3 (A) TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 1ST PETITIONER UNDER SECTION 23 OF THE TRAVANCORE COCHIN MEDICAL PRACTITIONERS ACT. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 26.11.2015 ISSUED TO THE 1ST PETITIONER BY THE REGISTRAR OF THE TRAVANCORE COCHIN MEDICAL COUNCIL FOR MODERN MEDICINE. EXHIBIT P4 (A) TRUE COPY OF THE ORDER DATED 14.5.2015 ISSUED TO THE 2ND PETITIONER BY THE REGISTRAR OF THE TRAVANCORE COCHIN MEDICAL COUNCIL FOR MODERN MEDICINE. EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 6TH RESPONDENT UNDER SECTION 26 OF THE INDIAN MEDICAL COUNCIL ACT ALING WITH ITS ACKNOWLEDGMENT FOR THE PAYMENT OF ITS FEES. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 22.2.2011 WHEREBY PERMISSION WAS GRANTED BY THE MEDICAL COUNCIL OF INDIA TO THE 7TH RESPONDENT COLLEGE UNDER SECTION 10A OF THE WP(C) Nos.37098/2017, 35824/2018 7 2025:KER:25659 MEDICAL COUNCIL OF INDIA ACT FOR STARTING POST GRADUATE DIPLOMA COURSE IN ORTHOPAEDICS. EXHIBIT P7 TRUE COPY OF THE PRINTOUT OF THE RECONDITION DETAILS IN THE WEBSITE OF THE 6TH RESPONDENT WITH REGARD TO M.S. (ORTHO) COURSE. EXHIBIT P7 (A) TRUE COPY OF THE ORDER DATED 7.2.2018 PASSED BY THE 6TH RESPONDENT WHEREBY RECOGNITION WAS GRANTED TO THE 7TH RESPONDENT COLLEGE UNDER SECTION 11 OF THE INDIAN MEDICAL COUNCIL ACT FOR CONDUCTING M.S. (ORTHO) COURSE. EXHIBIT P7 (B) TRUE COPY OF THE ORDER DATED 7.2.2018 PASSED BY THE 6TH RESPONDENT WHEREBY RECOGNITION WAS GRANTED TO THE 7TH RESPONDENT COLLEGE UNDER SECTION 11 OF THE INDIAN MEDICAL COUNCIL ACT FOR CONDUCTING D. ORTHO COURSE. EXHIBIT P7 (C) TRUE COPY OF THE PRINTOUT OF THE RECONDITION DETAILS IN THE WEBSITE OF THE 6TH RESPONDENT WITH REGARD TO D. ORTHO COURSE. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 3.9.2018 ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT. EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 6TH RESPONDENT. EXHIBIT P10 TRUE COPY OF THE MEMO FILED ON BEHALF OF THE PETITIONERS WITHDRAWING THE WRIT PETITION. EXHIBIT P10 (A) TRUE COPY OF THE JUDGMENT DATED 20.10.2017 IN W.P(C) NO. 25432/2016 RESPONDENT EXHIBITS : ANNEXURE R6(A) TRUE COPY OF LETTER NO. U12012/147/2015- ME(P.II)PT DATED 6TH APRIL, 2015 FROM GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, RELEVANT PAGE OF VOL.NO.9. WP(C) Nos.37098/2017, 35824/2018 8 2025:KER:25659 APPENDIX OF WP(C) 37098/2017 PETITIONER EXHIBITS : EXHIBIT P1 TRUE COPY OF THE 1ST PETITIONER'S BACHELOR DEGREE CERTIFICATE M.B.B.S COURSE. EXHIBIT P1(A) TRUE COPY OF THE 1ST PETITIONER'S POST GRADUATE DEGREE CERTIFICATE ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES. EXHIBIT P2 TRUE COPY OF THE 2ND PETITIONER'S BACHELOR DEGREE CERTIFICATE IN M.B.B.S COURSE. EXHIBIT P2(A) TRUE COPY OF THE 2ND PETITIONER'S POST GRADUATE DEGREE CERTIFICATE ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES. EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 1ST PETITIONER UNDER SECTION 23 OF THE TRAVANCORE COCHIN MEDICAL PRACTITIONERS ACT. EXHIBIT P3(A) TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 1ST PETITIONER UNDER SECTION 23 OF THE TRAVANCORE COCHIN MEDICAL PRACTITIONERS ACT. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 26.11.2015 ISSUED TO THE 1ST PETITIONER BY THE REGISTRAR OF THE TRAVANCORE COCHIN MEDICAL COUNCIL FOR MODERN MEDICINE. EXHIBIT P4(A) TRUE COPY OF THE ORDER DATED 14.5.2015 ISSUED TO THE 2ND PETITIONER BY THE REGISTRAR OF THE TRAVANCORE COCHIN MEDICAL COUNCIL FOR MODERN MEDICINE. EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT UNDER SECTION 26 OF THE INDIAN MEDICAL COUNCIL ACT ALONG WITH ITS ACKNOWLEDGMENT FOR THE PAYMENT OF ITS FEES. EXHIBIT P6 TRUE COPY OF THE ORDER WHEREBY PERMISSION WAS GRANTED BY THE MEDICAL COUNCIL OF INDIA TO THE 6TH RESPONDENT COLLEGE UNDER SECTION 10-A OF THE MEDICAL COUNCIL OF INDIA ACT FOR WP(C) Nos.37098/2017, 35824/2018 9 2025:KER:25659 STARTING FOR POST GRADUATE DIPLOMA COURSE IN ORTHOPAEDICS. EXHIBIT P7 TRUE COPY OF THE MEMO FILED ON BEHALF OF THE PETITIONERS WITHDRAWING THE WRIT PETITION. EXHIBIT P7(A) TRUE COPY OF THE JUDGMENT DATED 20.10.2017 IN WP(C) NO.24532/2016 // True Copy // PA To Judge