Doctor's MD upgrade Stalled Over Seat Dispute: HC Directs TN Medical Council to update records

The writ petition, filed by Dr Geetha G, under Article 226 of the Constitution of India, sought a Writ of Mandamus compelling the Medical council to recognize and update her qualification in its official records.

Dr Geetha G pursued her MBBS at Stanley Medical College and obtained her registration with Tamil Nadu medical council in 2015 under Registration No. 114240. She later enrolled for her MD (Psychiatry) at JIPMER in July 2017 and successfully completed the program in December 2022. Following her graduation, JIPMER uploaded her PG qualification with the state medical council in January 2023.

However, despite her formal application, the council refused to upgrade her qualification, citing a discrepancy in the number of recognized seats for MD (Psychiatry) at JIPMER.

The council justified its decision by arguing that the recognized seat matrix for MD (Psychiatry) was four, whereas Dr Geetha was the fifth candidate in her batch. The medical council claimed that JIPMER had not uploaded the relevant documentation reflecting the increase in seat intake.

JIPMER, in its defense, clarified that the total seats had been increased from 4 to 5 in 2017, as unfilled seats from previous years were carried forward. Despite its attempts to update this information on state medical council's online portal, the system rejected the submission, stating that the recognized seats exceeded the allocated limit.

JIPMER further pointed out that an application to increase the seat matrix had been submitted, but the status remained pending with Tamil Nadu medical council for approval.

Justice N Mala noted that the doctor had completed all academic requirements for MD (Psychiatry) in December 2022, and the delay in updating her qualification was purely due to procedural lapses between the state medical council and JIPMER. The court observed that;

“It is seen that the petitioner completed the P.G. Degree in M.D. (Psychiatry) in December 2022 and because of the dispute between the respondent Nos.1 and 3 on the recognised intake of seats, the upgradation of the petitioner's P.G. Degree has not been done, till date eventhough two years have lapsed. The third respondent in it's counter clearly stated that there was an increase in intake in M.D. (Psychiatry) seats for the year 2017 from 4 to 5 as the unfilled seat of the previous year was carried forward to the next year. Hence for the academic year 2017 the recognised student intake was 5 seats. The first respondent (Tamil Nadu Medical Council) refused to upgrade the P.G. Degree of the petitioner on the sole ground that the recognised seats exceeded the allocated limit. The learned counsel for the first respondent submitted that as the respondents gave justification for the increase in seats for the academic session 2017, the respondent may be directed to upload their minutes of the meeting with respect to the increase in seats for the year 2017 and after the same is uploaded, the first respondent would upgrade the petitioner's P.G. Degree in it's official portal.”

The counsel representing the medical council argued that the qualification could not be upgraded until JIPMER officially uploaded the minutes of its meeting that approved the seat increase.

The court, therefore, directed JIPMER to upload the necessary documents within four weeks, after which the council would be obligated to update the petitioner’s qualification within six weeks. It disposed of the petition and held;

“In my view as the third respondent (Jawaharlal Institute of Post Graduate, Medical Education and Research(JIPMER)) has validly increased the intake a direction needs to be issued to the third respondent to upload the minutes of the meeting regarding the increase of intake from 4 to 5 in M.D. (Psychiatry) in the official portal of the first respondent, so as to enable the first respondent to upgrade the P.G. qualification of the petitioner in it's portal Hence the third respondent is directed to upload the minutes of its meeting regarding the increase of intake in M.D. (Psychiatry) for the Academic session 2017, within a period of four weeks from the date of receipt of a copy of this order. As soon as the third respondent uploads the minutes as aforesaid the first respondent shall upgrade the petitioner's P.G. Degree in it's official portal, within a period of six weeks thereafter.”

To view the original order, click on the link below: