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2021 Supreme(Ker) 359

S.MANIKUMAR, SHAJI P.CHALY
Travancore Cochin Council of Modern Medicine Represented By Its Registrar – Appellant
Versus
Leeba Mary Eapen – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N. Raghuraj, Adv.
For the Respondent: Shri.Titus Mani Vettom, Sc, Sri. John Joseph(Roy), Sri.Titus Mani, Sc

JUDGMENT :

SHAJI P. CHALY, J.

The captioned writ appeal is filed by the first respondent in W.P.(C) No. 2344 of 2020 challenging the judgment of a learned single Judge dated 30.10.2020, whereby the learned single Judge allowed the writ petition following the judgment of a Division Bench of this Court at Ext.P7 in W.A. No. 1981 of 2012 dated 29.08.2014, by setting aside Ext. P11 order passed by the appellant —Travancore Cochin Council of Modern Medicine declining the provisional registration to the writ petitioner/first respondent in the appeal disabling her to practice medicine in terms of the provisions of the Indian Medical Council Act, 1956 (hereinafter called 'Act, 1956).

2. Material facts for the disposal of the appeal discernible from the writ petition are as follows:

    The writ petitioner is a citizen of India whose parents were working abroad and pursuant to which she had her school education in Abu Dhabi in a school affiliated to the Central Board of Secondary Education, India. After qualifying for admission in Universities or Medical Institutions, the writ petitioner applied to the Medical Council of India—the second respondent for eligibility certificate on 03.11.2003, and the

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