IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos. 31899-31900 OF 2015(EDN-AD) BETWEEN:
1. Dr. Anil Aged about 28 years, S/o. Vishwanath Mudda, R/at Sri. Siddeshwara Nilaya, No.19-6-46, Shivnagar North, Bidar-585401.
2. Dr. Arunkumar Ullegaddi, Aged about 30 years, S/o. Sri. I.B.Ullegaddi, Veeresh Nagar, Nidagundi-586213, Bijapur. (By Mr. Santhosh S. Gogi, Advocate) ….Petitioners AND:
1. The Ministry of Health and Family Welfare, Government of India, Represented by its Secretary.
2. The Medical Council of India, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi-110077 Represented by its Director 3. The State of Karnataka, Represented by Under Secretary, Medical Education Department of Health and Family Welfare, M.S.Building, Bengaluru-560001.
4. ESI Head Quarter, Panchdeep Bhawan, Comrade Inderjeet Gupta (CIG) Marg, New Delhi-110002.
Represented by its Director 5. ESIC Medical College & Post Graduation Institute of Medical Science & Research, Rajajinagar, Bengaluru-560010, Rep. by its Director 6. Rajiv Gandhi University of Health Sciences, 4th ‘T’ Block, Jaynagar, Bengaluru-560041. Represented by its Registrar 7. Karnataka Medical Council 70, 2nd Floor, “Vaidyakeeya Bhavana” K.R.Road, H.B.Samaja Road Corner Basavanagudi, Bengaluru-560004. Rep. by its Registrar.
(By Mr. Veerendra Sharma, CGC, for R1, Mr. N.Khetty, Advocate for R2, Ms. Pramodini Kishan, AGA for R3, Ms. Geetha Devi M.P. for R4 & R5, Mr. N.K.Ramesh, Advocate for R6, Mr. D.S.Hosmath, Advocate for R7) ….Respondents These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to declare that the MD (General Medicine) Degree obtained by the petitioners is a recognized medical qualification for the purpose of Indian Medical Council Act, 1956.
These Writ Petitions coming on for preliminary hearing in ‘B’ group this day, the Court made the following :-
ORDER The petitioners have sought for the following reliefs : -
(a) Declare that the MD (General Medicine) Degree obtained by the petitioners is a recognized medical qualification for the purpose of Indian Medical Council Act, 1956.
(b) Issue a writ of mandamus directing the 6th respondent to admit the petitioners to Super Specialty Course of DM (Nephrology) and DM (Cardiology) respectively.
(c) Declare that the requirement for the production of Permanent Medical Council Registration Certificate including PG specified in the brochure for PG Super Specialty Entrance Test 2015 published by the Rajiv Gandhi University of Health Sciences, Karnataka (Annexure-M) is bad in law and that the candidates who are successful in the PG Entrance Test 2015 need not produce the Permanent Medical Council Registration Certificate including PG.
(d) Direct the Karnataka Medical Council, the 7th respondent to issue Permanent Medical Council Registration Certificate to the petitioners herein, including their PG Degree namely, MD (General Medicine).
2. Learned counsel for respondents No. 4 and 5 has filed a memo dated 5.6.2018 submitting that the Medical Council of India has granted recognition of MD (General Medicine) to ESIC-PGIMSR, ESI Hospital along with a copy of the letter of Medical Council of India dated 27.4.2018.
3. Pursuant to the said recognition, the Central Government shall issue notification under Section 11 of the Indian Medical Council Act, 1956 in accordance with law, if not already issued, in an expedite manner, in any event not later than two months from the date of receipt of a copy of this order.
Writ Petitions stand disposed of in terms of the above.
Sd/- JUDGE ckl