S ASHWINKUMAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner has filed this petition for issuance of Writ of Mandamus, directing the respondent authorities to register the post graduate MD(RD) degree qualification of the petitioner in the Indian Medical Register as per the provisions of Indian Medical Council Act, 1956, within a time to be stipulated by this Court.

(2.) The petitioner is a Post Graduate Medical Doctor having Master Degree in Radio Diagnosis Course. The petitioner completed MBBS course during the year 2010 and appeared for the All India Medical Entrance Examination for the Post Graduate Course conducted by the respondents 1 and 2 through AIIMS. The petitioner succeeded in the examination and obtained 20th rank in the Scheduled Caste Category and his overall General All India rank is 1180. After publication of the results, the petitioner attended counselling in the National Institute of Siddha Medicine, Tambaram, Chennai. The petitioner was allotted MD (Radio Diagnosis) seat originally in Indira Gandhi Medical College, Shimla and subsequently, took allotment in the sixth respondent College in Kerala. The petitioner completed the Post Graduate Master Degree during 2011-2014 and thereafter, served as Senior Resident for a period of one year in the sixth respondent College from July 2014 to June 2015.

(3.) When the petitioner joined the said course in the sixth respondent College, it was in the list of permitted Colleges published by the Medical Council of India and was affiliated to the fifth respondent University and the recognition and affiliation were available till 2014. However, during the petitioner's final year examination, in 2014, the third respondent-Medical Council of India, conducted an inspection in the sixth respondent College and found that the sixth respondent College failed to comply with the requirements of Medical Council of India for continuation of recognition insofar as MD (Radio Diagnosis) is concerned.