LAWS(KAR)-2016-6-323

DR. VIJAYKUMAR MANE Vs. THE MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, NEW DELHI AND OTHERS

Decided On June 17, 2016
Dr. Vijaykumar Mane Appellant
V/S
The Ministry of Health and Family Welfare, Government of India, New Delhi and Others Respondents

JUDGEMENT

(1.) - Heard Sri Santosh S. Gogi, learned Counsel for the petitioner and Sri Veerendra Sharma, learned Counsel for respondent 1, Sri N. Khetty, learned Counsel for respondent 2, Smt. Pramodini Kishan, learned Counsel for respondent 3, Sri S.B. Totad, learned Counsel for respondent 4, Sri N.K. Ramesh, learned Counsel for respondent 5, Sri D.S. Hosmath, learned Counsel for respondent 6 and Sri Sandesh J. Chouta, learned Counsel for respondent 7.

(2.) Petitioner is seeking for a direction to respondents 1 to 3 to recognise the petitioner's post-graduate degree qualification-M.D. Community Medicine or in the alternate to direct respondent 2 to inspect respondent 4-Institute for recognising the post-graduate degree qualification - M.D. Community Medicine at respondent 4-Institute.

(3.) Grievance of the petitioner is that he was awarded M.B.B.S. Graduation by Rajeev Gandhi University of Health Science, Karnataka in the year 2009 and he appeared for All India Entrance Examination for admission to Postgraduate Medical Courses of 2011 conducted by All India Medical Science and secured a seat in M.D. Community Medicine at respondent 4-Institute, at which point of time the said College was listed in First Schedule of Indian Medical Council Act, 1956 as per Annexure-B. It is further contended by the petitioner that he was under the bona fide impression the respondent 4-College was a recognised college since seat allotted to him under All India Counselling conducted by the Government of India, Directorate General of Health Services Medical Examination Cell and as such, he pursued his course at respondent 4-Institute under that bona fide impression and successfully completed his three years post-graduation course in the month of June 2014, for which a Provisional Degree Certificate is issued by the University i.e., respondent 5 as per Annexure-D. Petitioner also contends that on completion of his post-graduation, the had approached the Karnataka Medical Council, for registration of his P.G. Course Medical qualification and respondent 6 refused to register the P.G. qualification acquired by the petitioner on the ground that said qualification/degree is not recognised with respondent 4-College and as such, petitioner conducted further enquiries and it was revealed that respondent 2 had not visited respondent 4 for inspection in respect of M.D. Community Medicine administered by respondent 4-Institute.