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P. B. SURESH KUMAR
Sadhiya Siyad – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
P.B. SURESH KUMAR, J.
The questions arise for consideration in these writ petitions instituted by the same person are common and they are, therefore, disposed of by this common judgment. The cases relate to the right of the petitioner to obtain registration with the second respondent, the Travancore Cochin Medical Council (the State Medical Council) to practice medicine in terms of the Travancore Cochin Medical Practitioners Act, 1953 (the TCMP Act).
2. The parties and documents are referred to in this judgment, unless otherwise mentioned, as they appear in W.P.(C) No.18825 of 2021.
3. The petitioner, a citizen of India, after clearing the Senior Secondary Certificate Examination from a school affiliated to the Central Board of Secondary Education joined Dubai Medical College for Girls during September, 2014 for obtaining medical qualification without obtaining Eligibility Certificate insisted in terms of Section 13(4B) of the Indian Medical Council Act, 1956 (the IMC Act) in order to become eligible to seek medical qualification from a medical institution abroad. Later, during 2017, the petitioner applied to the then Medical Council of India (the Medical Council of India) a
A person who obtains medical qualification granted by medical institutions outside India recognised for enrolment as medical practitioner in that country and who clears Screening Test in terms of Sec....
Insofar as Eligibility Certificate is not institution specific and insofar as first respondent has no case that dehors institution in which petitioner has undertaken medical course, petitioner was no....
The judgment established that candidates seeking admission to an MBBS course in India must meet the eligibility criteria, including obtaining a specified percentage of marks in relevant subjects, as ....
Eligibility for screening tests under Indian medical qualifications requires minimum qualifying marks as per statutory provisions, which the petitioner did not meet, justifying the denial of the elig....
The court upheld that only recognized foreign qualifications can lead to registration, emphasizing compliance with MCI standards and screening tests.
The Indian Medical Council Act prevails over state regulations, and the insistence on compulsory internship for foreign medical graduates was deemed arbitrary and illegal.
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