The denial of a no objection certificate for further education based on prior course recognition violates constitutional rights, necessitating intervention.

JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:-

“i) To declare that the denial of the issuance of the no objection certificate with additional qualification registration to the petitioner by the Travancore - Cochin Medical Council to pursue higher studies, is violative of Articles 14, 19 and 21 of the Constitution of India and therefore, liable to be declared bad and illegal.

ii) To issue a writ of Mandamus commanding the Travancore - Cochin Medial Council to forthwith issue the necessary no objection certificate along with the additional qualification registration to the petitioner to enable him to join the course of Super Speciality in the Christian Medical College, Vellore for which he has been selected, without any further delay iii) To issue such other writs, orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

2. The material facts for disposal of the writ petition are as follows:-

Petitioner joined the Amala Institute of Medical Sciences, Thrissur for the Post graduate Degree in June, 2012. Petitioner came out successful in the State Entrance Examination conducted by the Government of Kerala for the Postgraduate course and on coming out successful, he was allotted to the Amala Institute of Medical Sciences, evident from Ext.P1. Petitioner was directed to produce a registration certificate from the Travancore-Cochin Medical Council, which he complied with. Thus, according to the petitioner, petitioner is already registered with the said Medical Council, where all doctors are required to so register. Petitioner completed the course in June 2015 and came out successful in the examination. Petitioner was issued with necessary certificates of having been certified by duly appointed examiners to have qualified, evident from Ext.P2. According to the petitioner, it would appear that some deficiencies noted by the inspecting team of the Medical Council of India were remedied by the Institution, evident from Ext.P2(a) communication issued by the said College. To put it short, the Post Graduate Medical Course undertaken by the petitioner in Amala Institute of Medical Sciences, namely the MD in General Medicine was not recognised by Medical Council of India, at the time when petitioner joined the Course. So far as the relief No. 1 is concerned, an interim order was passed by this Court on 26.08.2016, holding that the NOC produced by the petitioner to secure admission is in order. Therefore, so far as the first relief is concerned, it was concluded by way of the interim order itself.

3. Today, when the matter is taken up, learned Standing Counsel appearing for the Medical Council of India submitted that recognition is already granted to the MD General Medicine conducted by Amala Institute of Medical Sciences during the year 2017. Therefore, if at all there was any disqualification to the course when the petitioner joined the Institute, same is rectified now. That being the situation, I am of the considered opinion that petitioner is entitled to get the second relief as is sought for in the writ petition.

4. Having heard learned counsel for the petitioner and respective counsel appearing for the respective respondents, the second relief sought for by the petitioner in the writ petition is allowed.

Writ petition is allowed partly.

SHAJI P. CHALY JUDGE DCS