ORDER : Aravind Kumar, J. 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. 4. 4. Petitioner has also contended that respondent 2 has visited respondent 4-Institute to inspect other disciplines and had accorded its recognition in respect of other disciplines and there is no reason forthcoming for non-inspection of petitioner's discipline in the very same institute and hence, it is contended that unless petitioner's course is recognised by respondent 2, he would be deprived of the opportunities of higher education or from practising medicine. Assailing the non-recognition of the post-graduation degree qualification and M.D. Community Medicine obtained by petitioner, he is seeking for a direction to respondents 1 to 3 to recognise the said course by contending for no fault of his he should not be penalised. 5. In the statement of objections filed by respondent 2-Indian Medical Council, it is contended that recognition under Section 11 of the Act be it a fresh one or a additional one for undergraduate or post-graduate is envisaged only where the college has complied with the requirement of infrastructure etc., as stipulated under the Act and in the process of the recognition initiated by way of inspection at the time of completion of the course by first batch of respondent 4-Institute was conducted when the final examinations were held and the inspecting report is to be placed before the committee where upon recommendation will be made to the Council in respect of recognising the degree awarded to the petitioner. 6. Learned Counsel for respondent 2 has also brought to the notice of this Court the judgment rendered in W.P. No. 34504 of 200, by Division Bench of this Court dated 11-8-2004 where under respondents 3, 5, 7 and 9 therein were directed to cure or remove the defects pointed out by the Medical Council of India and to apply to Medical Council of India for further inspection and directed Medical Council of India to take up further inspection within 15 days of such request and based on the recommendation of Medical Council of India, the Central Government or Union of India was directed to take action in accordance with Section 11(2) of Medical Council of India Act and submits that in the light of respondent 4-Institute/College now having submitted the compliance report by communication dated 7-4-2016, respondent 2 would examine the said report and if it is to be found to be in compliance of the regulation stipulated, necessary orders would be passed. 7. 7. Having heard the learned Advocates appearing tor the parties and on perusal of the material on record, it would clearly emerge that petitioner is a merit student who having secured a seat on merit for M.B.B.S. Degree successfully completed his degree in the year 2009 as is evident from Annexure-A. In the All India Entrance Examination for admission to Post-B graduate Medical Courses of 2011 conducted by All India Institute of Medical Sciences-AIMS, petitioner was able to secure a seat in the subject M.D. Community Medicine at respondent 4-Institute. Section 11 of the Indian Medical Council Act, 1956 would indicate Recognition of Medical Qualification granted by Universities or Medical Institutions in India or which are included in the First Schedule to be recognised as medical qualification for the purposes of the Act. Section 11(2) of the Act envisages any University or Medical Institution in India which grants a medical qualification not included in the First Schedule may apply to the Central Government, to have such qualification recognised, and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein, and then it would be a recognised medical qualification only when granted after a specified date. 8. In the instant case, as could be seen from Annexure-B, the seat for M.D. Community Medicine secured by petitioner in the AIMS Examination of 2011 was listed in the First Schedule of the Indian Medical Council Act, 1956 as per Annexure-B. It is because of this precise reasons, petitioner had got admitted to respondent 4-University, pursued his post-graduation in M.D. Community Medicine and completed the graduation course of three years i.e., in the year 2013-14 and the Provisional Degree Certificate-Annexure-D, dated 11-7-2014 would also indicate that petitioner has passed the said Course in M.D. Community Medicine, which certificate has been issued by Rajeev Gandhi University of Health Sciences, Karnataka-respondent 5 in the instant case. On account of petitioner's degree acquired in M.D. Community Medicine having not been registered by Karnataka Medical Council on the ground that medical qualification in question is not recognised by the Indian Medical Council with respondent 4-College, petitioner is said to have made enquires and found out that Medical Council of India had conducted the inspection for granting recognition of the courses conducted by respondent 4-Institute and the last inspection, which was carried out by Medical Council of India was on 28-10-2015. 9. Grievance of Medical Council of India is the that observations made by it at the time of inspection and intimated to respondent 4-Institute dated 7-3-2016 is yet to be complied by the respondent 4-Institute and as such, the compliance report, which the respondent 4-Institute is said to have submitted on 7-4-2016 would still lack with total compliance. Undisputedly respondent 4 is yet to complete the appointment of two Assistant Professors, which is one of the deficiency noticed by Indian Medical Council when it conducted inspection. The appointment is said to have been now made according to learned Counsel appearing for respondent 4-Institute and same is also said to have been forwarded to respondent 3-Secretary, Medical Education Department of Health and Family Welfare and without approval of the said Proposed Secretary, Medical Education Department of Health and Family Welfare no direction can be issued to respondent 2 to consider the compliance report submitted by respondent 4-Institute and it would not serve any fruitful purpose and thereby petitioner would be left in the lurch. Hence, direction also requires to be issued to respondent 3 to consider the proposal forwarded by respondent 4 for appointment of two Assistant Professors and according to the sanction and if it is found to be in accordance with the extant Rules and on granting such approval by respondent 3 and same being forwarded to respondent 2, respondent 2 shall consider the compliance report dated 7-4-2016 submitted by respondent 4 and inform respondent 4 the outcome of such consideration expeditiously at any rate within two weeks from the date of receipt of intimation of respondent 4 enclosing the approval accorded by respondent 2 with regard to appointment of two Assistant Professors. It is thereafter Union of India shall take action in accordance with Section 11(2) of the Medical Council of India Act, as held by the Division Bench of this Court in W.P. No. 34504 of 2003, dated 11-8-2004 referred to herein supra and on such action being taken, it is needless to say the that Karnataka Medical Council viz., respondent 6 would be required to register the post-graduation course acquired by petitioner expeditiously at any rate within four weeks from the date of receipt of such intimation. Accordingly, writ petition stands disposed of. In view of the disposal of the main matter, all pending applications stand consigned to records.