DR. RUMANAAH NOWSHAD v. STATE OF KERALA, DEPARTMENT OF HEALTH AND FAMILY

on behalf of the petitioner by her learned counsel – Sri.Millu Dandapani, the learned Standing Counsel for the 2nd respondent – Sri.P.Sreekumar, affirmed that Ext.P5 order was issued by his client, allowing the petitioner to complete her internship in Community Medicine at the Government General Hospital, Kozhikode, adverting to Ext.P4 ‘No Objection Certificate’ (NOC) issued by the 3rd respondent and overruling their requirement therein – that it shall be done only in her parent college. He argued that, in fact, the Government General Hospital, Kozhikode, is no less an institution than the parent college of the petitioner; and therefore, that, for that reason alone, Ext.P9 ought not to have been issued. He further explained that his client has acted expressly in terms of Ext.P2 proceedings issued on 06.08.2020; and hence, that the 3rd respondent could not have refused to accept the internship in Community Medicine completed by the petitioner. He thus prayed that this Writ Petition be allowed. WPC 43578/23 4

4. Sri.Vivek Menon – learned counsel for the 3rd respondent, however, submitted that his client had allowed the petitioner Ext.P4 ‘NOC’, expressly on the condition that she will complete her internship in Community Medicine in her parent college. He, however, conceded, to a pointed question from this Court, that the Government General Hospital, Kozhikode, can never be seen to be an inferior institution than the parent college of the petitioner; but argued that, nevertheless this, when his client specified that the internship should be done in a particular manner, it could have been done in such manner and no other. He thus prayed that this Writ Petition be dismissed.

5. Sri.Sunil Kumar Kuriakose – learned Government Pleader, defended Ext.P15 saying that, it has been issued solely as per the instructions obtained from the 3rd respondent; and therefore, that his client will abide by any directions to be issued by this Court.

6. I have evaluated and considered the afore rival contentions, on the touchstone of the various materials available on record.

7. Pertinently, it is conceded, without any reservation, even WPC 43578/23 5 by the 3rd respondent, that the petitioner has completed her internship in Community Medicine, as per the requirements of the 2nd respondent, as ordered by them in Ext.P5. It is also conceded by all sides that the Government General Hospital, Kozhikode – from where the petitioner has completed her internship in Community Medicine – is also an equal, if not better, institution than her parental college; and there is no imputation, even whisperingly, that her internship is defective on account of any such vitiating factors.

8. In the afore perspective, when one examines the stand of the 3rd respondent, they say that they had issued Ext.P4 ‘NOC’ to the petitioner singularly on the condition that she shall complete her internship in Community Medicine in her parent college. However, the stand of the 2nd respondent is that they have the power to over ride the conditions in Ext.P4 and that they have done so, adverting to Ext.P2 order issued by them earlier; thus allowing the petitioner to complete her internship in the Government General Hospital, Kozhikode - which, according to them, is a superior institution - as per Ext.P5.

9. Obviously, therefore, this Court cannot find favour with WPC 43578/23 6 the stand taken by the 3rd respondent because, they edifice their objection on hyper-technical reasons, rather than any consideration of the petitioner’s training being proper on otherwise. This is more so because, the 3rd respondent unequivocally admits that they have already given Provisional Registration to the petitioner and that their only objection is that she did not complete her internship in Community Medicine in her parent institution.

10. As I have already said above, it is without contest that the petitioner has completed her internship from a very prestigious institution like the Government General Hospital, Kozhikode. Since she has done so strictly in terms of Ext.P5 order of the 2nd respondent – which she could not have disregarded, since she was a student registered under them – I cannot find the stand of the 3 rd respondent in Ext.P9 to be worthy in law. In the afore circumstances, I allow this Writ Petition and set aside Ext.P9, as also the consequential Ext.P15 order of the Government; with a resultant direction to the competent Authority of the 3rd respondent – Kerala State Medical Council, to grant Permanent Registration to the petitioner, in terms of law and in WPC 43578/23 7 compliance of all relevant and applicable Rules and Regulations, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment. RR Sd/- DEVAN RAMACHANDRAN JUDGE WPC 43578/23 8 APPENDIX OF WP(C) 43578/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 THE TRUE COPY OF THE CERTIFICATE OF PROVISIONAL REGISTRATION ISSUED BY THE 3RD RESPONDENT BEARING REG. NO. 66819 DATED 30.01.2021 THE TRUE COPY OF THE ORDER BEARING NO. 11209/2020/B1/AC.1/GEN/KUHS DATED 06.08.2020 THE TRUE COPY OF THE NOC ISSUED BY THE 4TH RESPONDENT COLLEGE BEARING NO. 066/ACA/DMWIMS/2021 DATED 02.02.2021 THE TRUE COPY OF THE NOC ISSUED BY THE 3RD RESPONDENT COUNCIL BEARING NO. 1039857 DATED 01.03.2021 THE TRUE COPY OF THE ORDER OF THE ACADEMIC SECTION OF THE 2ND RESPONDENT BEARING NO. 417/2021/ACADEMIC/KUHS DATED 20.03.2021 THE TRUE COPY OF THE LETTER ISSUED BY THE DEAN OF THE 4TH RESPONDENT COLLEGE TO THE 3RD RESPONDENT BEARING NO. 034/ACA/DMWIMS/2022 DATED 17.01.2022 THE TRUE COPY OF THE FEE RECEIPT BEARING NO. 046371 DATED 30.03.2022 THE TRUE COPY OF THE COMPULSORY ROTATING MEDICAL INTERNSHIP CERTIFICATE ISSUED BY THE GOVERNMENT GENERAL HOSPITAL, KOZHIKODE BEARING NUMBER G2/3382/2023 DATED 14.06.2023 THE TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT BEARING NUMBER C1/C2-18679/22/MC DATED 03.03.2023 THE TRUE COPY OF THE CERTIFICATE OF 3RD PROVISIONAL REGISTRATION ISSUED ON 03.03.2023 BY THE 3RD RESPONDENT THE TRUE COPY OF THE PROVISIONAL DEGREE CERTIFICATE ISSUED BY THE 2ND RESPONDENT BEARING NUMBER 0163763 DATED 19.06.2023 THE TRUE COPY OF THE FINAL DEGREE CERTIFICATE IN DEGREE OF BACHELOR OF MEDICINE AND BACHELOR OF SURGERY BEARING REGISTRATION NUMBER 130012868 DATED 02.08.2023 TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED TO THE PETITIONER BY THE 4TH WPC 43578/23 Exhibit P14 Exhibit P15 9 RESPONDENT DATED 16.06.2023 THE TRUE COPY OF THE REPRESENTATION TO THE HON'BLE MINISTER FOR HEALTH AND FAMILY WELFARE DATED 28.03.2023 THE TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT BEARING NUMBER S4/128/2023- H&FWD DATED 11.10.2023