The recognition of a medical qualification retroactively allows a professional to register and practice as a specialist if compliant with statutory provisions.

JUDGMENT

Petitioner seeks for a direction to conduct the hearing proposed in Ext.P5 in accordance with law and in consonance with the principles of natural justice, and also for a direction to eschew the undertaking forcefully obtained from the petitioner on 15.06.2019 to enable a decision to be taken on Ext.P5 complaint.

2. The petitioner had obtained his MBBS Degree from Kerala University in the year 2002, having passed out from Alleppey Medical College and joined the Government service. Subsequently, he was sanctioned leave without allowance for pursuing his Post Graduate Diploma in Clinical Cardiology (PGDCC) conducted by the Indira Gandhi National Open University (IGNOU). The course undertaken by the petitioner is claimed to have been a full-time course, in which he claimed to have secured admission based on an All India Entrance Examination. Subsequently, a complaint was filed by third parties, alleging that petitioner cannot use or display the diploma awarded by IGNOU or even project himself as a Cardiologist, since the said Diploma awarded to the petitioner cannot confer the expertise of a specialist.

3. After the complaint was received by the 1st respondent, an undertaking was obtained from the petitioner, which is produced as Ext.R1(b) agreeing not to display his PG diploma in Clinical Cardiology in a manner misleading the public. It was further agreed by the petitioner that he shall remove the said diploma from his name board, letter pad and seal and inform the 1st respondent immediately after such removal. After giving the undertaking, the petitioner immediately sent Ext.P8 letter intimating that he was forced to give such an undertaking and requested them to communicate a decision in writing. Since there was no response, he approached this Court through this writ petition.

4. A counter affidavit has been filed by the 1st respondent denying the averments in the writ petition and pointing out that the Post Graduate Diploma in Clinical Cardiology acquired by the petitioner is neither recognised nor does it entitle him to register the said diploma as an additional qualification in the State Register maintained by the Council. It is also stated that the petitioner cannot proclaim himself to be a Cardiologist or any other type of specialist, without having a valid Degree recognised by the Medical Council of India and notified by the Central Government, in terms of Section 11 of the Indian Medical Council Act .

5. This writ petition has been pending consideration from 2019 onwards. In the meantime, an Official Memorandum was issued by the National Medical Commission on 08.05.2025, which reads as follows:

“2.Accordingly, the PGDCC Diploma awarded by IGNOU in respect of students enrolled from 2006 upto 2013 shall be a recognised qualification with revised designation titled as “Clinical Cardio-Physician (Non-Invasive) laong with the institution “School of Health Sciences, IGNOU”, subject to the conditions outlined vide MoHFW's 2^nd Appeal Order dt.3.2.2025 and vide NMC's letters dt.10.3.2025 & 9.4.2025 addressed to IGNOU.

3. Further, the above said qualification shall be included by the PGMEB in accordance withy Section 35(1) of NMC Act , 2019, in the First Schedule/list of medical qualifications maintained by the Board in such manner, as specified by the regulations. EMRB (Registration Division) shall facilitate the on-line applications filed by the concerned medicos for registration of the above qualification as additional qualification, subject to the conditions conveyed vide NMC's letters dt.10.3.2025 and 09.04.2025 to IGNOU.”

6. In view of the above notification, the learned Senior Counsel Sri.George Thomas Mevada as instructed by Sri.Anil.S.Raj, appearing on behalf of the petitioner submitted