SADHIYA SIYAD Vs. STATE OF KERALA

JUDGEMENT

(1.) 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) and obtained Eligibility Certificate. The petitioner graduated the medical course during May, 2019. Thereupon, she underwent one year internship in the various teaching hospitals under the Dubai Health Authority from 21.07.2019 to 19.09.2020 as per the norms prevailing in that country in order to become eligible to be enrolled as a medical practitioner therein. On completion of the internship, the petitioner cleared the licensing examination conducted by the Dubai Health Authority for registration as medical practitioner and obtained registration for the said purpose on 18.11.2020. In the meanwhile, during June, 2019, the petitioner cleared the Screening Test in terms of Section 13(4A) of the IMC Act in order to become eligible to be enrolled in a State Medical Register in India as well.